This Agreement sets forth the terms and conditions under which
the software known as MINOS will be licensed by Régis Le Boité ("The Author", "The Licensor")
to you ("Licensee"). It covers the products of the MINOS family.
IMPORTANT: BY INSTALLING OR USING
OR DISTRIBUTING MINOS (THE "PRODUCT") OR ANY OF ITS FILES
(THE "PACKAGE"), THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT
("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO
THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED,
AND LICENSEE MUST NOT INSTALL OR DISTRIBUTE OR USE THE SOFTWARE.
Terms of the license agreement
1. LICENSE AGREEMENT
This license agreement governs the obtaining, use, duplication, distribution,
and modification of the Product and its package. Use, duplication, distribution
or modification of the Product and its package implies the acceptation of this
2. LICENSE GRANT
- The author grants Licensee a non-exclusive and non-transferable license
to reproduce and use for personal purposes the executable code version of the
Product, provided any copy must contain all of the original proprietary notices.
- This license does not entitle Licensee to receive from the author hard-copy
documentation, technical support, telephone assistance, or enhancements
or updates to the Product.
- Licensee may not customize the Product unless he has received a written agreement
from the author. In this case, the exact terms and extends of this customization
are to be found in the written agreement.
- Licensee may redistribute the Product. Redistribution must be free except
possibly for media or bandwidth costs, and redistributed files must be the original package
as obtained by the author, without any modification. Distribution of the Product
or its package aggregated with other programs as part of a larger
(possibly commercial) software distribution may be permitted by a written agreement
from the author. Such distribution is also governed by terms of this license
agreement plus amendments possibly made by the written agreement.
- Except as otherwise expressly permitted in this Agreement, Licensee may not:
- modify or create any derivative works of the Product or documentation, including
translation or localization
- redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights
to the Product
- remove or alter any trademark, logo, copyright or other proprietary notices,
legends, symbols or labels in the Product
- publish any results of benchmark tests or evaluation or reverse engineering
(see below) run on the Product to a third party without the authorís prior written
consent, which cannot be refused without any valid reason.
- Decompilation, disassembly, reverse engineering or any attempt to derive the source
code for the Product is allowed for personal verification purposes only.
- There is no license fee for the Product.
- Without prejudice to any other rights, Licensor may terminate this Agreement if
Licensee breaches any of its terms and conditions. Upon termination, Licensee shall destroy
all copies of the Product.
6. PROPRIETARY RIGHTS
- Title, ownership rights, and intellectual property rights in the Product shall
remain to the author.
- Licensee acknowledges such ownership and intellectual property rights and will
not take any action to jeopardize, limit or interfere in any manner with the authorís or
its suppliers' ownership of or rights with respect to the Product.
- The Product is protected by copyright and other intellectual property laws and by
- Title and related rights in the content accessed through the Product is the
property of the applicable content owner and is protected by applicable law.
The license granted under this Agreement gives Licensee no rights to such content.
- The name of Régis Le Boité may not be used to endorse or promote
products derived from this software without specific prior written permission.
7. DISCLAIMER OF WARRANTY
BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM,
TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE
COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE
DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS
SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY
THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE)
UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION
OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID
FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY THE AUTHOR
UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL
INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS
THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION
MAY NOT BE APPLICABLE. THE AUTHOR IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT
PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY
MATERIAL LINKED THROUGH SUCH CONTENT.
9. HIGH RISK ACTIVITIES
The Product is not fault-tolerant and is not designed, manufactured or intended for use
or resale as on-line control equipment in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities, aircraft navigation
or communication systems, air traffic control, direct life support machines, or
weapons systems, in which the failure of the Product could lead directly to death, personal
injury, or severe physical or environmental damage ("High Risk Activities").
Accordingly, Licensor and its suppliers specifically disclaim any express or
implied warranty of fitness for High Risk Activities. Licensee agrees that Licensor
and its suppliers will not be liable for any claims or damages arising from the
use of the Product in such applications.
- This Agreement constitutes the entire agreement between the parties concerning
the subject matter hereof.
- This Agreement may be amended only by a writing signed by both parties.
- Except to the extent applicable law, if any, provides otherwise, this Agreement
shall be governed by the laws of France.
- If any provision in this Agreement should be held illegal or unenforceable by a
court having jurisdiction, such provision shall be modified to the extent necessary
to render it enforceable without losing its intent, or severed from this Agreement
if no such modification is possible, and other provisions of this Agreement shall
remain in full force and effect.
- The controlling language of this Agreement is English. If Licensee has received a
translation into another language, it has been provided for Licensee's convenience only.
- A waiver by either party of any term or condition of this Agreement or any breach
thereof, in any one instance, shall not waive such term or condition or any subsequent
- The provisions of this Agreement which require or contemplate performance after
the expiration or termination of this Agreement shall be enforceable notwithstanding
said expiration or termination.
- Licensee may not assign or otherwise transfer by operation of law or otherwise this
Agreement or any rights or obligations herein except in the case of a merger or
the sale of all or substantially all of Licensee's assets to another entity.
- This Agreement shall be binding upon and shall inure to the benefit of the parties,
their successors and permitted assigns.
- Neither party shall be in default or be liable for any delay, failure in performance
(excepting the obligation to pay) or interruption of service resulting directly
or indirectly from any cause beyond its reasonable control.
- The relationship between Licensor and Licensee is that of independent contractors
and neither Licensee nor its agents shall have any authority to bind Licensor in any way.
- If any dispute arises under this Agreement, the prevailing party shall be
reimbursed by the other party for any and all legal fees and costs associated therewith.
- The headings to the sections of this Agreement are used for convenience only and
shall have no substantive meaning.