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Copyrights and Trademarks

Copyright (C) 2004-2007 MichaŽl Baudin. All Rights Reserved. Yapakit is trademark of MichaŽl Baudin. All other products mentioned are trademarks or registered trademarks of their respective companies.

YAPAKIT LICENSE AGREEMENT

Please read carefully: THIS IS A LICENSE AND NOT AN AGREEMENT FOR SALE. By using and installing YAPAKIT or, where applicable, choosing the "I ACCEPT" option at the end of the License you indicate that you have read, understood, and accepted the terms and conditions of the License. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, YOU SHOULD NOT ATTEMPT TO INSTALL the Software. If the Software is already downloaded or installed, you should promptly cease using the Software in any manner and destroy all copies of the Software in your possession. You, the user, assume all responsibility for the selection of the Software to achieve your intended results and for the installation, use and results obtained from the Software. This Yapakit License ("License") is made between MichaŽl Baudin as licensor, and you, as licensee, as of the date of your use of the Software (the Software is in use on a computer when it is loaded into the RAM or installed into the permanent memory (e.g., hard disk or other storage device) of that computer.). This License reflects MichaŽl Baudin's intent to retain full ownership of and control of the use and distribution of MichaŽl Baudin's Yapakit, the License Key (as here inafter defined) and other applicable software (collectively the "Software").

1. License Grant. Subject to the terms and conditions of this License, MichaŽl Baudin grants to you a personal, non-exclusive, non-transferable, and limited license to use the Software solely to create, compile, test and deploy, in source or object code form, your own application programs ("Works"). You may use the software on more than one computer or on a network so long as you are the sole user of the Software. (A "network" is any combination of two or more computers that are electronically linked and capable of sharing the use of a single software program.) You are not permitted to sell, lease, distribute, transfer, sublicense, or otherwise dispose of the Software, in whole or in part, for any form of actual or potential commercial gain or consideration. Yapakit can be used for personal, commercial or non- commercial use. You may use the software in a teaching or learning environment. You are not permitted to sell, lease, distribute, transfer, sublicense, or otherwise dispose of the Software, in whole or in part, for any form of actual or potential commercial gain or consideration. Contact yapakit.fortran@gmail.com to discuss any redistribution options not covered by this license agreement. MichaŽl Baudin reserves all rights not expressly granted to you herein. This clause is intended to protect the rights of MichaŽl Baudin's intellectual property and to prevent distribution of products that provide competitive functionality to the Software.

2. Termination. This License Agreement is effective until terminated. MichaŽl Baudin may terminate this License immediately and without prior notice if you breach any term of this License or for any reason whatsoever. In the event of any termination or expiration, you agree to immediately destroy and/or erase the original and all copies of the Software, any accompanying documentation and License Keys and to discontinue their use and you will not retain or store the Software or any copies thereof, in any form or medium.

3. Proprietary Rights. The Software is licensed, not sold, to you. MichaŽl Baudin reserves all rights not expressly granted to you. Ownership of the Software and its associated proprietary rights, including but not limited to patent and patent applications, are retained by MichaŽl Baudin. The Software is protected by the copyright laws of Canada and the United States and by international treaties. Therefore, you must comply with such laws and treaties in your use of the Software. You agree not to remove any of MichaŽl Baudin's copyright, trademarks and other proprietary notices from the Software.

4. Distribution. Except as may be expressly allowed in Section 1, or as otherwise agreed to in a written agreement signed by both you and MichaŽl Baudin, you will not distribute the Software, either in whole or in part, in any form or medium.

5. Transfer and Use Restrictions. You may not sell, license, sub-license, lend, lease, rent, share, assign, transmit, telecommunicate, export, distribute or otherwise transfer the Software to others, except as expressly permitted in this License Agreement or in another agreement with MichaŽl Baudin. In order to use the Software you will be required to obtain a License Key and agree to this License Agreement for the use of the Software. You will not disclose or provide access to your License Key to any other person or entity. You must comply with all applicable Canadian and other export control laws in your use of the Software. Except as may be expressly permitted above, you may not modify, reverse engineer, decompile, decrypt, extract or otherwise disassemble the Software.

6. NO WARRANTY. MichaŽl Baudin MAKES NO WARRANTIES WHATSOEVER REGARDING THE SOFTWARE AND IN PARTICULAR, DOES NOT WARRANT THAT THE SOFTWARE WILL FUNCTION IN ACCORDANCE WITH THE ACCOMPANYING DOCUMENTATION IN EVERY COMBINATION OF HARDWARE PLATFORM OR SOFTWARE ENVIRONMENT OR CONFIGURATION, OR BE COMPATIBLE WITH EVERY COMPUTER SYSTEM. IF THE SOFTWARE IS DEFECTIVE FOR ANY REASON, YOU WILL ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS OR REPLACEMENTS. 7. DISCLAIMER. MichaŽl Baudin DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM BUGS, DEFECTS, ERRORS OR OMISSIONS. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS AND MichaŽl Baudin MAKES NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR ANY ACCOMPANYING ITEMS INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY. MichaŽl Baudin WILL HAVE NO LIABILITY OR OBLIGATION FOR ANY DAMAGES OR REMEDIES, INCLUDING, WITHOUT LIMITATION, THE COST OF SUBSTITUTE GOODS, LOST DATA, LOST PROFITS, LOST REVENUES OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, GENERAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THIS LICENSE OR THE USE OR INABILITY TO USE THE SOFTWARE. IN NO EVENT WILL MichaŽl Baudin'S TOTAL AGGREGATE LIABILITY (WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT OR OTHER LEGAL THEORY) WITH REGARD TO THE SOFTWARE AND/OR THIS LICENSE EXCEED THE LICENSE FEE PAID BY YOU TO MichaŽl Baudin. FURTHER, MichaŽl Baudin WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS LICENSE AS A RESULT OF ANY CAUSES OR CONDITIONS BEYOND MichaŽl Baudin'S REASONABLE CONTROL.



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