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LispWorks� Software License Agreement

Personal Edition

IMPORTANT: IN ORDER TO INSTALL THIS SOFTWARE, YOU MUST FIRST READ THE FOLLOWING
TERMS AND CONDITIONS. BY SELECTING THE "I ACCEPT..." OPTION AT THE END OF THIS
DOCUMENT, YOU ARE EXPRESSLY AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS
OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT, SELECT THE "I DO NOT ACCEPT ..." OPTION AND CLICK "NEXT"; THE
INSTALLATION PROCESS WILL BE ABORTED AND YOU MAY RETURN THE SOFTWARE TO THE VENDOR
FOR A REFUND.

1. License Grant. This agreement ("Agreement") sets out the terms and conditions
on which LispWorks Ltd ("the Vendor") grants to you, the Customer ("you") a non-
exclusive, non-transferable license to use the Vendor's LispWorks Personal Edition
software product and related documentation ("Software") solely for the purpose of
developing and testing applications written in the Lisp programming language.

2. Other Versions and Products. You acknowledge that the media on which the
Software is supplied may contain multiple versions of the Software as well as the
Vendor's other products, including, but not limited to, the Professional Edition
and Enterprise Edition of the Software. You agree that, unless you have a time
limited license for the purposes of evaluating the Software prior to purchase
("Evaluation License"), you are licensed to use only the version or product for
which you have paid. If you have an Evaluation License your license will terminate
immediately on the termination of the time-limited evaluation license key issued to
you and in any event not later than the expiration of one month from the date when
your evaluation license was issued. You agree not to use the Software after this
period for any purpose without obtaining a license from the Vendor. If you order
and pay for licenses for another version or for an optional or additional product,
then such version or product shall become licensed Software under this Agreement,
and your use of it shall be subject to the terms and conditions of this Agreement.

3. Non-Commercial Use Only. You may only use the Software for not-for-profit
purposes including teaching and research and personal use. You may also use the
Software for evaluation purposes. Use of the Software for the development of any
commercial software product is strictly prohibited under the terms of this
Agreement and such use shall serve to automatically terminate the license granted
hereunder.

4. Installation. This license allows a single user to use a single "Installation"


of the Software at any one time. For the purposes of this Agreement, an
"Installation" means a single deployment of the Software whether on a physical
computer or on a virtual machine (being a single instance of an operating system
running on physical hardware where such hardware may also support other operating
systems each of which operates as a virtual computer).

5. Copying, Modification and Distribution. You may not copy the Software except as
necessary to exercise your rights under this Agreement and to make one (1) copy of
the Software in machine readable form for back-up or archival purposes only. You
may not translate, reverse engineer, decompile, disassemble, modify or create
derivative works based on the materials, except as expressly permitted by the law
of this Agreement. You may modify the Software and/or merge it into another
program solely for your use in accordance with this Agreement. Any portion of the
Software merged into another program will continue to be subject to the terms and
conditions of this Agreement. Except for the distribution of runtime versions of
the software ("Runtimes") in accordance with the following paragraph, this license
does not permit the distribution of the Software, or any part thereof, to any third
party.
6. Distribution of Runtimes. You may not copy or distribute any Runtimes.

7. Purchase Orders. You agree to pay the appropriate license fees to the Vendor
within thirty (30) days of the invoice date. Acceptance of the Software shall be
deemed to occur on the tenth day after shipment. In no event shall the terms of any
purchase order become binding on the Vendor even if an acknowledgment copy is
signed by the Vendor.

8. Ownership; Confidentiality. You acknowledge and agree that the Software contains
the confidential and proprietary information of the Vendor and its licensors and is
provided solely under the terms and conditions of this Agreement. All right, title
and interest in and to the Software, including, but not limited to, patent
copyright, trade secret, trademark and all other intellectual property rights are
and shall remain in the Vendor or its licensor. You shall not remove any product
identification, copyright notices, or other legends set forth on the Software and
shall reproduce all such notices on any copies. You shall have no right in the
Vendor's or its third party licensors' trademarks in connection with the Software,
or with its promotion or publication, without the Vendor's prior written approval.

9. Limited Warranty. The Vendor warrants for a period of thirty (30) days from the
date of original delivery that (a) the Software will perform substantially in
accordance with the accompanying user documentation when used as described therein;
and (b) that the media containing the Software will not prove defective under
normal use. The Vendor does not warrant that the Software will be error free or
that the Software will meet your requirements. The Vendor's sole responsibility
under this warranty will be, at its option, (1) to replace at no additional charge
any defective media containing the Software that are returned within the thirty
(30) day warranty period or (2) to use reasonable efforts to correct errors that
are reported to the Vendor within the foregoing warranty period or (3) to refund to
you license fees paid for use of the Software.
THE REMEDIES SET FORTH IN THIS SECTION 9 ARE YOUR SOLE AND EXCLUSIVE REMEDIES AT
LAW OR IN EQUITY FOR BREACH OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
THE VENDOR DISCLAIMS ALL OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF QUALITY AND FITNESS FOR A
PARTICULAR PURPOSE.

10. Limitation of Liability. EXCEPT IN RESPECT OF PERSONAL INJURY OR DEATH CAUSED


BY THE NEGLIGENCE OF LISPWORKS LTD OR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED
BY LAW IN NO EVENT SHALL THE VENDOR OR ITS LICENSORS BE LIABLE FOR ANY LOSS OF
PROFITS, LOSS OF BUSINESS, LOST SAVINGS LOSS OF DATA OR ANY DIRECT OR INDIRECT
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF THE VENDOR HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL THE VENDOR'S
LIABILITY EXCEED THE AMOUNT OF LICENSE FEES PAID BY YOU FOR USE OF THE SOFTWARE.
NOTHING IN THIS AGREEMENT LIMITS LIABILITY FOR FRAUDULENT MISREPRESENTATION.

11. US Government Restricted Rights. This Software is a commercial computer


software program developed at private expense and is provided with restricted
rights. The Software provided herein may not be used, reproduced, or disclosed by
the Government except as set forth in this EULA and as provided in DFARS 227.7202-
1(a), 227.7202-3(a) (1995), FAR 12.212(a)(1995), FAR 52.227-19, and/or FAR 52.227-
14 Alt III, as applicable. Manufacturer: LispWorks Ltd, St John's Innovation
Centre, Cowley Road, Cambridge CB4 0WS, UK. You agree to include this Notice in any
software application, including any associated documentation, you distribute using
this Software, in whole or in part. Rights reserved under the copyright laws of
the United States.

12. Statutory Rights. This license gives you specific legal rights and you may also
have other rights that vary from country to country. Some jurisdictions do not
allow the exclusion of implied warranties, or certain kinds of limitations or
exclusions of liability, so the above limitations and exclusions may not apply to
you. Other jurisdictions allow limitations and exclusions subject to certain
conditions. In such a case the above limitations and exclusions shall apply to the
fullest extent permitted by the laws of such applicable jurisdictions. If any part
of the above limitations or exclusions is held to be void or unenforceable, such
part shall be deemed to be deleted from this Agreement and the remainder of the
limitation or exclusion shall continue in full force and effect. Any rights that
you may have as a consumer (that is, a purchaser for private as opposed to
business, academic or government use) are not affected.

13. Export Control. You may not export or re-export the Software or any underlying
information or technology except in full compliance with all applicable laws and
regulations of all applicable countries.

14. Governing Law. This Agreement shall be construed in accordance with the laws of
England and the parties submit to the non-exclusive jurisdiction of the English
courts.

15. Non-Assignment; Entire Agreement. Except as in accordance with this Agreement,


you shall not sell, assign, sublicense or otherwise transfer the Software without
the Vendor's prior written consent. Any such attempted transfer shall be void.
This Agreement constitutes the entire agreement between the parties and supersedes
all other communications between the parties relating to the subject matter hereof.
This Agreement may only be modified by a writing signed by the Vendor.

16. Termination. The Vendor may terminate this Agreement if you fail to comply with
any of the terms and conditions of this Agreement. Upon termination, you shall
cease using the Software and shall destroy or return to the Vendor all copies of
the Software.

Copyright � 2012 LispWorks Ltd. All rights reserved. LISPWORKS is a registered


trademark of LispWorks Ltd.

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