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(c) to copy the Program for archival or backup purposes, and to make a sufficient number of
copies for the intended use described in the Documentation, provided that all titles and
trademark, copyright and restricted rights notices are reproduced on all such copies.
2.2 Restrictions. You will not copy or use the Program (including the Documentation) except
as expressly permitted by this Agreement. You will not relicense, sublicense, rent or lease the
Program or use the Program for third-party training, commercial time-sharing or service
bureau use. You will not, and will not permit any third party to, modify, adapt, translate, reverse
engineer, disassemble, decompile or make derivative works of any Program, except to the
extent expressly permitted by applicable law, and then only after You have notified Vulcan in
writing of Your intended activities. You will not use the Program on multiple processors
without the prior written consent of Vulcan.
2.3 Ownership. Vulcan will retain all right, title and interest in and to the patent, copyright,
trademark, trade secret and any other intellectual property rights in the Program and any
derivative works thereof, subject only to the limited licenses set forth in this Agreement. You
do not acquire any other rights, express or implied, in the Program other than those rights
expressly granted under this Agreement.
2.4 No Support. Unless otherwise agreed upon, Vulcan has no obligation to provide support,
maintenance, upgrades, modifications or new releases under this Agreement.
3. No warranty
IN THE ABSENCE OF ANY WARRANTY BY A THIRD-PARTY, VULCAN MAKES NO
REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH
RESPECT TO THE PROGRAM. THE PROGRAM IS PROVIDED "AS IS" WITH NO WARRANTY.
YOU AGREE THAT YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VULCAN EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM,
INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
SATISFACTORY QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY
WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF
DEALING OR USAGE OF TRADE. VULCAN DOES NOT WARRANT THAT THE PROGRAM WILL
OPERATE IN COMBINATION WITH HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT
PROVIDED BY VULCAN, EXCEPT AS EXPRESSLY SPECIFIED IN THE DOCUMENTATION, OR
THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE.
4. Termination
This Agreement is effective until terminated. Vulcan may terminate this Agreement at any time
upon Your breach of any of the provisions hereof. Upon termination of this Agreement, You will
cease all use of the Program, return to Vulcan or destroy the Program and all Documentation
and related materials in Your possession, and so certify to Vulcan. Except for the license
granted herein and as expressly provided herein, the terms of this Agreement will survive
termination.
Appendix C FlipStart Software End User License Agreement
84
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