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EGENIX.COM PUBLIC LICENSE AGREEMENT VERSION 1.0.0
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This "License Agreement" is between eGenix.com Software, Skills and
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Services GmbH ("eGenix.com"), having an office at Pastor-Loeh-Str. 48,
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D-40764 Langenfeld, Germany, and the Individual or Organization
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("Licensee") accessing and otherwise using this software in source or
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binary form and its associated documentation ("the Software").
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Subject to the terms and conditions of this eGenix.com Public License
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Agreement, eGenix.com hereby grants Licensee a non-exclusive,
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royalty-free, world-wide license to reproduce, analyze, test, perform
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and/or display publicly, prepare derivative works, distribute, and
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otherwise use the Software alone or in any derivative version,
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provided, however, that the eGenix.com Public License Agreement is
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retained in the Software, or in any derivative version of the Software
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eGenix.com is making the Software available to Licensee on an "AS IS"
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basis. SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED,
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EGENIX.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED.
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BY WAY OF EXAMPLE, BUT NOT LIMITATION, EGENIX.COM MAKES NO AND
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DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
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FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE WILL NOT
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INFRINGE ANY THIRD PARTY RIGHTS.
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4. LIMITATION OF LIABILITY
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EGENIX.COM SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF THE
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SOFTWARE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS
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(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
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BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER
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PECUNIARY LOSS) AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE
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SOFTWARE, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE
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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
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INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR
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LIMITATION MAY NOT APPLY TO LICENSEE.
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This License Agreement will automatically terminate upon a material
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breach of its terms and conditions.
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Nothing in this License Agreement affects any statutory rights of
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consumers that cannot be waived or limited by contract.
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Nothing in this License Agreement shall be deemed to create any
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relationship of agency, partnership, or joint venture between
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eGenix.com and Licensee.
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If any provision of this License Agreement shall be unlawful, void, or
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for any reason unenforceable, such provision shall be modified to the
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extent necessary to render it enforceable without losing its intent,
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or, if no such modification is possible, be severed from this License
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Agreement and shall not affect the validity and enforceability of the
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remaining provisions of this License Agreement.
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This License Agreement shall be governed by and interpreted in all
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respects by the law of Germany, excluding conflict of law
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provisions. It shall not be governed by the United Nations Convention
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on Contracts for International Sale of Goods.
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This License Agreement does not grant permission to use eGenix.com
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trademarks or trade names in a trademark sense to endorse or promote
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products or services of Licensee, or any third party.
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The controlling language of this License Agreement is English. If
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Licensee has received a translation into another language, it has been
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provided for Licensee's convenience only.
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By downloading, copying, installing or otherwise using the Software,
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Licensee agrees to be bound by the terms and conditions of this