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LICENSE
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AUDITION END-USER LICENSE AGREEMENT
THIS END-USER LICENSE AGREEMENT (EULA) is a legal agreement between a
natural person ("You", "Your", "Licensee") and Railgun Labs, LLC
("Railgun").
By installing, accessing, using the Licensed Software or purchasing a
Product Key, You agree to be bound by the terms and conditions of this
Agreement. If You do not agree to the terms of this Agreement, do not
install, access, or use the Licensed Software or purchase a Product Key.
1. DEFINITIONS
Agreement - means this license agreement.
Licensed Software - means Railgun's Audition testing framework delivered
to Licensee under this Agreement. The term "Licensed Software" includes
any Updates delivered to Licensee under this Agreement.
New Release - means a subsequent version release of the Licensed
Software bearing a new first numeral or other similar identifier, such
as, but not limited to, version 4.0 or 5.0.
Product Key - means a unique key-code that enables You to use the
Licensed Software. Only Railgun is permitted to produce Product Keys for
the Licensed Software.
Railgun - has the meaning provided above.
Update - means all upgrades, revisions, patches, enhancements, fixes,
modifications, or maintenance releases of the Licensed Software that are
not New Releases.
You - has the meaning provided above.
2. LICENSE GRANT
Railgun grants You a non-exclusive, non-transferable, non-assignable,
non-sublicensable limited license to use the Licensed Software for
personal use only.
3. LICENSE RESTRICTIONS
You, whether directly or indirectly, shall not perform any of the
following acts:
(a) rent the Licensed Software;
(b) sell the Licensed Software;
(c) lease or lend the Licensed Software;
(d) distribute the Licensed Software;
(e) distribute the Product key;
(f) on any other manner and through any medium whatsoever commercially
exploit the Licensed Software;
(g) disassemble, reverse engineer, decompile, modify or alter the
Licensed Software;
(h) defeat, disable, or circumvent any protection mechanism related to
the Licensed Software;
(i) translate the Licensed Software;
(j) publicly display the Licensed Software;
(k) prepare or develop derivative works based upon the Licensed
Software;
(l) remove or alter any legal notices or other markings or legends, such
as trademark and copyright notices, affixed on or within the
Licensed Software;
(m) export, re-export, download, or otherwise use the Licensed Software
in violation of any laws or regulations, including U.S. Department
of Commerce Export Administration regulations and other applicable
laws.
4. OWNERSHIP
All rights granted to You under this Agreement are granted by the
Agreement only and not by sale, and all of those rights are limited by
and subject to the terms of this Agreement. No license or other right in
any Railgun technology or intellectual property rights other than the
Licensed Software is granted under this Agreement, and no license or
other rights will be created under this Agreement by implication,
estoppel, or otherwise.
5. MAINTENANCE AND SUPPORT
You are not entitled to any Licensed Software support, maintenance,
updates or upgrades, defect disclosures, and other communications
related to the Licensed Software under this Agreement.
6. THIRD PARTY SOFTWARE
The Licensed Software incorporates open source software programs as
described in Exhibit A. The open source software programs are
distributed under open source licenses and not this Agreement.
7. DISCLAIMER OF WARRANTIES
THE LICENSED SOFTWARE, INCLUDING, WITHOUT LIMITATION, ALL SOFTWARE,
DOCUMENTATION, MATERIALS, AND INFORMATION, IS PROVIDED "AS IS", WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT WILL RAILGUN BE LIABLE TO LICENSEE (OR ANY
THIRD PARTY CLAIMING THROUGH LICENSEE) FOR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS) ARISING OUT OF THE
PERFORMANCE, NON-PERFORMANCE, OR BREACH OF THIS AGREEMENT, OR ARISING
OUT OF OR IN ANY WAY RELATED TO THE USE, INABILITY TO USE, POSSESSION,
LICENSE, DELIVERY, INSTALLATION, OPERATION, MAINTENANCE, OR SUPPORT OF
THE LICENSED SOFTWARE, WHETHER SUCH CLAIM ARISES IN TORT, CONTRACT,
NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE, EVEN IF
RAILGUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. LIMITATIONS OF LIABILITY
The maximum aggregate liability of Railgun for any damages, losses, or
injuries to You, or any third party claiming through You, shall not
exceed an amount equal to the license fees actually received by Railgun
from You under this Agreement.
In the event any remedy set forth in this Agreement is determined to be
ineffective or to have failed of its essential purpose, all limitations
of liability and exclusions of damages set forth herein shall
nevertheless remain in effect and shall apply to the fullest extent
permitted by applicable law.
9. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the
internal laws of the State of Missouri, U.S.A. without reference to its
conflicts of laws and choice of law rules or principles. Any disputes
arising hereunder shall be adjudicated in Greene County, Missouri, which
state or federal courts having appropriate jurisdiction shall have
exclusive jurisdiction over such dispute(s) but not including any
appeals from decisions therefrom.
10. TERM AND TERMINATION
Except as set forth below or elsewhere in this Agreement, the Term of
this Agreement is perpetual.
Railgun may terminate this Agreement with notification to You of any
breach of Your obligations.
Upon any termination of this Agreement, Your rights to possess and use
the Licensed Software as set forth in Section 2 will immediately cease.
Within ten (10) days of any such termination, You shall delete all
portions of the Licensed Software from electronic storage and memory,
and shall destroy all tangible copies of the Licensed Software.
Sections 3, 4, 5, 6, 7, 8 and 9 will survive the termination of this
Agreement.
11. ENTIRE AGREEMENT
This Agreement is the entire agreement between the parties, and
supersedes any and all prior agreements, understandings or
communications, written or oral, between the parties relating to the
subject matter hereof.
EXHIBIT A: THIRD PARTY SOFTWARE
Below are terms, notices and disclaimers for third party software
included in the Licensed Software. The below terms apply only to the
software identified; they do not apply to the Licensed Software.
Capstone Engine
This is the software license for Capstone disassembly framework.
Capstone has been designed & implemented by Nguyen Anh Quynh
<aquynh@gmail.com>
See http://www.capstone-engine.org for further information.
Copyright (c) 2013, COSEINC.
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
- Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
- Neither the name of the developer(s) nor the names of its
contributors may be used to endorse or promote products derived from
this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS
IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Zydis
The MIT License (MIT)
Copyright (c) 2014-2024 Florian Bernd
Copyright (c) 2014-2024 Joel Höner
Permission is hereby granted, free of charge, to any person obtaining a
copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so, subject to
the following conditions:
The above copyright notice and this permission notice shall be included
in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY
CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,
TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.