1. This LICENSE AGREEMENT is between Darren S. Dale (“DSD”), and the Individual or Organization (“Licensee”) accessing and otherwise using Quantites software in source or binary form and its associated documentation.
2. Subject to the terms and conditions of this License Agreement, DSD hereby grants Licensee a nonexclusive, royalty-free, world-wide license to reproduce, analyze, test, perform and/or display publicly, prepare derivative works, distribute, and otherwise use quantities 0.10.0 alone or in any derivative version, provided, however, that DSD’s License Agreement and DSD’s notice of copyright, i.e., “Copyright (c) 2008-2009 Darren S. Dale; All Rights Reserved” are retained in Quantities 0.10.0 alone or in any derivative version prepared by Licensee.
3. In the event Licensee prepares a derivative work that is based on or incorporates Quantities 0.10.0 or any part thereof, and wants to make the derivative work available to others as provided herein, then Licensee hereby agrees to include in any such work a brief summary of the changes made to Quantities 0.10.0.
4. DSD is making Quantities 0.10.0 available to Licensee on an “AS IS” basis. DSD MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, DSD MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF QUANTITIES 0.10.0 WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
5. DSD SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF QUANTITIES 0.10.0 FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING QUANTITIES 0.10.0, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
6. This License Agreement will automatically terminate upon a material breach of its terms and conditions.
7. Nothing in this License Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between DSD and Licensee. This License Agreement does not grant permission to use DSD trademarks or trade name in a trademark sense to endorse or promote products or services of Licensee, or any third party.
8. By copying, installing or otherwise using Quantities 0.10.0, Licensee agrees to be bound by the terms and conditions of this License Agreement.