Mitsubishi Electric Information Technology Center America (MEITCA)

Concordia Software

Freeware License Agreement


 




IMPORTANT NOTICE : Read this License Agreement ("Agreement") carefully before using any of the software from this archive, as this Agreement is a legal contract between YOU and MEITCA which governs the use of MEITCA’s Concordia software program and any related explanatory materials ("Software"). By downloading the freeware version of the Software, YOU accept and agree to be bound by the terms of this Agreement. IF YOU AGREE TO THE TERMS OF THIS AGREEMENT, AN INSTRUCTION SCREEN APPEARS AT THE END OF THIS DOCUMENT WHICH WILL INSTRUCT YOU ON HOW TO COMMUNICATE YOUR ACCEPTANCE TO THE TERMS OF THIS AGREEMENT TO ITA. BY USING THE SOFTWARE IN ANY WAY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, PROMPTLY DELETE ALL COPIES OF THE DOWNLOADED SOFTWARE.
 


TERMS AND CONDITIONS


 


GRANT OF LICENSE. MEITCA grants YOU a personal, non-exclusive and nontransferable (except as otherwise provided below) license to use the accompanying Software in machine-readable form, together with accompanying documentation, if any, according to the terms of this Agreement and solely for YOUR internal evaluation or computational requirements.

TITLE AND OWNERSHIP. Title, ownership and all intellectual property rights in and to the Software and any copies of the Software are owned by and shall remain the property of MEITCA.

OTHER RESTRICTIONS. The Software is not sold but licensed to YOU. Except as otherwise expressly provided herein, YOU may not sell, assign, transfer, rent, lease or sublicense the Software to any third party. YOU may make copies of the Software in object code form only and solely for YOUR use consistent with the terms of this Agreement. YOU agree not to modify the Software or to attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. YOU may not print or copy the electronic materials accompanying the Software except for the sole purpose of assisting YOU in evaluating or using the Software. YOU may transfer the Software and accompanying documentation on a permanent basis only if YOU transfer the computer system upon which the Software has been installed; provided that YOU retain no copies of the Software or accompanying materials and the recipient of the computer system and the accompanying Software agrees to be bound by the terms and conditions of this Agreement.

TERM. This license is effective until terminated. YOU may terminate it at any time by destroying the Software and accompanying documentation, together with all copies thereof. This license will also terminate if YOU fail to comply with any term or condition of this Agreement. Upon such termination, YOU agree to destroy the Software and accompanying documentation.

NO WARRANTY, NO SUPPORT. This freeware version of the Software is licensed "AS IS" and "WITH ALL FAULTS" and without warranty of any kind. MEITCA shall not support the this freeware version of the Software in any form or fashion. MEITCA DOES NOT AND CANNOT WARRANT THE PERFORMANCE, SUITABILITY OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE FOR ANY PURPOSES WHATSOEVER. AS TO THE SOFTWARE OR ANY OTHER NON-MEITCA SOFTWARE, MEITCA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WTHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MEITCA DOES NOT WARRANT THAT THE SOFTWARE IS NON-INFRINGING, THAT IT WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. Some states do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply.

LIMITATION OF LIABILITY. IN NO EVENT SHALL MEITCA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (WHICH SHALL INCLUDE WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF MEITCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply.

U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and written materials are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (c)(1) and (2) of the "Commercial Computer Software - Restricted Rights" clause at 48 CFR 52.227-19 of FARS (for civilian agencies) or subdivision (c)(1)(ii) of DFARS, the "Rights in Technical Data and Computer Products" clause at 252.227-7013 (for units of the Department of Defense), or a comparable or successor clause to either.

EXPORT REGULATIONS. The Software is subject to export or import regulations of the United States and other countries, including the United States Export Administration Act and its associated regulations. YOU agree to comply strictly with all such laws and regulations and not to download, ship, transfer, export or re-export the SOFTWARE PRODUCT into any country or use the Software in any manner prohibited by such laws and regulations. The Software may not be downloaded, or otherwise exported or re-exported: (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria or any country to which the United States has embargoed goods; or (ii) to anyone identified on the United States Department of Treasury’s list of Specially Designated Foreign Nationals or the United States Department of Commerce’s Denied Persons List.

VENUE AND JURISDICTION. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts of the United States of America and, as to matters affecting copyright, trademark and patents, by United States federal law. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. In addition, YOU agree that if any legal action is filed by either MEITCA or YOU to enforce the terms of this Agreement, then such action must be filed in a Massachusetts state court in the Boston, Massachusetts area or a United States District Court located in the Boston, Massachusetts area.

SEVERABILITY. This Agreement sets forth the entire agreement between YOU and MEITCA. If any provision or portion of a provision of this Agreement is held to be invalid or unenforceable for any reason, such invalidity shall not affect the validity of the balance of this Agreement, which shall remain valid and enforceable. This Agreement may only be modified in a writing signed by an authorized officer of MEITCA.

The manufacturer of the Software is Mitsubishi Electric Information Technology Center America located at 300 Third Avenue, Waltham, MA02154

ADDITIONAL TERMS AND CONDITIONS.

Because this package includes the Java Runtime Environment software and related materials ("JRE SOFTWARE"), a product of Sun Microsystems, Inc., YOU hereby also agree to the following additional terms and conditions:

  1. JAVA PLATFORM INTERFACE. YOU may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. In the event that YOU create any Java-related API and distributes such API to others for applet or application development, YOU must promptly publish broadly, an accurate specification for such API for free use by all developers of Java-based software.
  2. RESTRICTIONS. JRE SOFTWARE is confidential copyrighted information of Sun and title to all copies is retained by Sun and/or its licensors. YOU shall not decompile, disassemble, decrypt, extract, or otherwise reverse engineer JRE SOFTWARE. JRE SOFTWARE may not be leased, assigned, or sublicensed, in whole or in part, except as specifically authorized in Section 1. JRE SOFTWARE is not designed or intended for use in online control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. YOU warrants that it will not use or redistribute the JRE SOFTWARE for such purposes.
  3. DISCLAIMER OF WARRANTY. JRE SOFTWARE is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
  4. LIMITATION OF LIABILITY. SUN AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING JRE SOFTWARE. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE JRE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  5. EXPORT REGULATIONS. JRE SOFTWARE, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. YOU agree to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import JRE SOFTWARE. JRE SOFTWARE may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders.
  6. RESTRICTED RIGHTS. Use, duplication or disclosure by the United States government is subject to the restrictions as set forth in the Rights in Technical Data and Computer Software Clauses in DFARS 252.227-7013(c) (1) (ii) and FAR 52.227-19(c) (2) as applicable.