SITE A "Site" is defined as a single facility and/or physical User location (i.e., university campus, building, facility or department, as appropriate). Computer equipment on which the Software is used must be located at the Site. YOU, THE USER, ARE OBLIGATED TO INFORM ALL USERS AT THE SITE THAT THE SOFTWARE AND/OR DOCUMENTATION IS LICENSED.
GRANT UCARF grants the User a personal, non-exclusive, non-transferable right to use at the Site the Software and Documentation for internal data processing needs and requirements subject to the terms and conditions of this Agreement.
YOU MAY ONLY AT YOUR SITE
RELEASES/MODIFICATIONS The User shall not be entitled to receive any new releases, versions, updates, modifications, bug fixes or enhancements ("Updates") of the Software hereunder, and UCARF shall not be obligated to notify the User of any such Updates. In the event the User receives any Updates, the terms and conditions of this Agreement shall govern the use thereof.
LIMITED WARRANTY UCARF warrants to the original User only that the media upon which the Software is recorded shall be free from defects in materials and workmanship under normal use and service for a period of thirty (30) days following the date of payment of the Software ("Warranty Period").
EXCLUSIVE REMEDY UCARF's entire liability and the User's exclusive remedy shall be, at UCARF's option, either (a) the repair or replacement of the Software or Documentation that does not meet UCARF's Limited Warranty and which is returned to UCARF with proof of payment; or (b) a refund of the price which the User paid for the Software as substantiated with proof of payment. TO MAKE A WARRANTY CLAIM, PLEASE RETURN THE SOFTWARE AND DOCUMENTATION TOGETHER WITH YOUR PROOF OF PAYMENT TO UCARF DURING THE WARRANTY PERIOD. This Limited Warranty is void if the failure of the media upon which the Software and/or Documentation is recorded has resulted from accident, abuse, or misapplication. Any replacement Software and/or Documentation will be warranted for the remainder of the original Warranty Period or thirty (30) days following initial use of the replacement Software, whichever is longer.
DISCLAIMER THE SOFTWARE AND/OR DOCUMENTATION ARE PROVIDED "AS IS" AND UCARF DISCLAIMS ALL OTHER WARRANTIES, OTHER THAN THE ABOVE LIMITED WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UCARF DOES NOT WARRANT THAT THE SOFTWARE WILL MEET THE USER'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE USER IS ADVISED TO BACK UP ITS DATA PERIODICALLY.
LIMITATIONS ON DAMAGES UCARF WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING FROM THE PROVISION OF, THE PERFORMANCE OF OR USE OF THE SOFTWARE, SOFTWARE MEDIA OR THE DOCUMENTATION; AND UCARF SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA/INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE AND/OR DOCUMENTATION, EVEN IF UCARF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL UCARF'S LIABILITY FOR ANY REASON EXCEED THE ACTUAL PRICE PAID BY THE USER TO USE THE SOFTWARE AND/OR DOCUMENTATION.
TITLE UCARF represents that it has the right to grant the rights and privileges to the Software and/or Documentation recited herein. The Software and Documentation are protected by United States copyright laws and international treaties, and other proprietary, statutory or otherwise, interests. All rights not expressly granted herein are reserved by UCARF. UCARF shall be entitled to pursue any legal and/or equitable action against the User with regard to infringement of its copyright on the Software and /or Documentation or any other proprietary interests therein. Furthermore, UCARF shall be entitled to pursue all appropriate legal and/or equitable actions for any breach by the User of the terms and conditions recited herein.
SEVERABILITY If any of the provisions of this Agreement are declared to be invalid, such provisions shall be severed from this Agreement and the other provisions hereof shall remain in full force and effect.
ENTIRE AGREEMENT This Agreement embodies the entire understanding of the parties and supersedes previous or contemporaneous licenses, communications, representations, or undertakings, written or oral, between the parties relating to the Software and/or Documentation. This Agreement is governed by the laws of the State of Colorado and of the United States of America.
TAXES/SHIPPING COSTS The User shall pay all necessary and appropriate taxes and shipping costs.
TERMINATION UCARF may terminate this Agreement if the User violates any proprietary interest, statutory or otherwise, on the Software and/or Documentation or any of the terms and conditions recited herein. The User may, at any time, terminate this Agreement by destroying the Software and Documentation. Upon any termination, the User shall destroy all copies of the Software and Documentation.
U.S. GOVERNMENT RESTRICTED RIGHTS The Software and Documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013. Contractor is University Corporation for Atmospheric Research Foundation/3300 Mitchell Lane/Boulder, CO 80307-3000.
EXPORT ADMINISTRATION The User shall adhere to U.S. Export Administration Laws and Regulations.
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