Think Electronic License for Open Software (TELOS)
Copyright © 2001-2005 Think Computer Corporation. All Rights Reserved.
Think Computer Corporation (the "Owner") provides computer software (the "Software") to the end-user (the "Licensee") subject to
the following terms and conditions (the "Agreement"):
The Software source code may be made available or not available to the Licensee at the Owner's discretion.
In the event that the Software source code is made available to the Licensee:
In the event that the Software source code is not made available to the Licensee:
- The Licensee is obligated to pay a license fee as determined and posted by the Owner for commercial, governmental or academic use of the Software.
- The Licensee is entitled to use the Software for all other activities free of charge.
- The Licensee is permitted to make modifications to the source code for the Licensee's use only. The Licensee is not permitted to distriubte any such modifications.
- The Licensee is obligated to pay a license fee as determined and posted by the Owner for any and all usage of the Software.
- The Licensee is strictly forbidden from attempting to reverse engineer the Software.
- The Licensee is not permitted to make modifications to the Software.
- The Software may not be re-distributed as part of another software package without written permission from the Owner. The Owner reserves the right to charge a license fee for re-distribution of its software.
- Usage of the Software by Licensee does not imply transfer of any trademark rights from Owner to Licensee.
- LIMITED WARRANTY. Think warrants to the Licensee that the Software will perform in accordance with any accompanying documentation following receipt of the Software only when used with the recommended software and hardware platform. Minor deviations from the documentation in performance or functionality of the Software do not establish a warranty right. THIS LIMITED WARRANTY DOES NOT APPLY TO THE FOLLOWING TYPES OF SOFTWARE: BETA, TRYOUT, EVALUATION, NOT FOR RESALE (NFR), AND PATCHES. To make a warranty claim, you must contact Think within seven (7) days of discovering a malfunction and present proof of the malfunction. If the Software does not perform in accordance with accompanying documentation, the entire liability of Think and your exclusive remedy shall be limited to either, at Think's option, the replacement of the Software or the refund of the pre-tax amount you paid for the Software. THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
- DISCLAIMER. THE FOREGOING LIMITED WARRANTY STATES THE SOLE AND EXCLUSIVE REMEDIES FOR THINK'S BREACH OF WARRANTY. THINK WILL NOT AND CANNOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING ITS PRODUCTS. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, THINK MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL THINK BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCTS, EVEN IF THINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The provisions of this and the prior section shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to use the Software after termination of this Agreement.