EULA – End User License Agreement

HEXINATOR LICENSE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.

YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY TO YOU AND
ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER:

  • YOU COPY, INSTALL, OR USE THIS COPY OF HEXINATOR SOFTWARE, OR
  • YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS HEXINATOR SOFTWARE.

IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION IMMEDIATELY, AND DO
NOT USE THIS SOFTWARE.

  1. SOFTWARE COVERED BY THIS LICENSE
    This license agreement (“Agreement”) applies only to the version of the Hexinator software package (“Hexinator”) with which this Agreement is included. Different license terms may apply to other software packages or other materials from Synalysis, and license terms for later versions of Hexinator may also be changed.
  2. LICENSE.
    1. You may, free of charge:
      install and use Hexinator free of charge, for the purpose of editing files.
      copy, store, distribute and transmit, free of charge, identical copies of this Original Distribution Package of Hexinator to others, as long as it is deemed current by Synalysis.
      store, and distribute and transmit to others, the grammar files created in Hexinator by proper use of this version of Hexinator.
    2. You may not:
      modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, this Hexinator program.
      copy Hexinator except as described above.
      sell or license copies of Hexinator to others.
      remove any proprietary notices or labels on Hexinator or any other Synalysis software.
      use Hexinator in or for High Risk Activities (defined below)
    3. All rights not expressly granted by Synalysis in this Agreement are entirely and exclusively reserved to Synalysis.
  3. SUPPORT. Hexinator contains online help files. However, hard-copy documentation, telephone assistance and other support are not available under this free license.
  4. HEXINATOR FILE FORMAT AND OTHER LICENSES.
    1. The Hexinator file formats are data file formats that are owned solely by Synalysis, and specified and changed from time to time solely by Synalysis.
    2. This Hexinator program, as distributed in this Original Distribution Package and when properly used as designated solely by Synalysis, is intended to create grammar files in Hexinator file format(s) endorsed by Synalysis at the time this Original Distribution Package was first made publicly available by Synalysis. Synalysis reserves the right to change any Hexinator file format at any time at its sole discretion.
  5. DISCLAIMER OF WARRANTY. SYNALYSIS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST HEXINATOR BEFORE ANY LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING HEXINATOR AND DISTRIBUTING FILES CREATED THROUGH USE OF HEXINATOR, AND THAT IF YOU USE HEXINATOR IMPROPERLY OR AGAINST INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF HEXINATOR IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.
  6. LIMITATION OF LIABILITY. IN NO EVENT SHALL SYNALYSIS, OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF HEXINATOR, FILES CREATED USING HEXINATOR, OR YOUR RELATIONSHIP WITH SYNALYSIS. Some jurisdictions do not allow exclusion or limitation of liability for incidental or consequential damages, therefore the above limitation may not apply to you.
  7. RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and in similar clauses in the NASA FAR Supplement.
  8. TITLE. Synalysis or its licensors own the Hexinator software, all other materials in this Hexinator Original Distribution Package, the Hexinator Grammar File Format, under the copyright, trademark, and trade secret laws and all other laws that may apply.
  9.  TERMINATION. The license will terminate automatically if you fail to comply with any of the limitations, conditions or obligations described herein. On termination, you must destroy all copies of the Hexinator software and all other materials in this Hexinator Original Distribution Package and, at Synalysis’s sole discretion, any or all of the files created by you using Hexinator and distributed to others.
  10.  HIGH RISK ACTIVITIES. Hexinator 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 Hexinator could lead directly to death, personal injury, or severe physical or environmental damage (“High Risk Activities”). Synalysis and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
  11. GENERAL. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between you and Synalysis. Waiver by Synalysis of any violation of any provision of this Agreement shall not be deemed to waive any further or future violation of the same or any other provision. This Agreement and any dispute relating to Hexinator or to this Agreement shall be governed by the laws of Germany. You agree and consent that jurisdiction and proper venue for all claims, actions and proceedings of any kind relating to Synalysis or the matters in this Agreement shall be exclusively in courts located in Sindelfingen, Germany. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you agree that the remainder of the Agreement shall be fully enforceable as if the unenforceable part or provision never existed. There are no third party beneficiaries of any promises, obligations or representations made by Synalysis herein.