GRANT OF EVALUATION LICENSE FOR HYPERCHEM VERSION 8.0 IMPORTANT-READ CAREFULLY: By installing and/or making copies of this software, you agree to be bound by the terms of the following Hypercube License Agreement. If you do not agree to the terms of this Agreement, you should return this Software to Hypercube, Inc., 1115 NW 4th Street, Gainesville, FL 32601. LICENSE. Hypercube, Inc. grants you the following rights under this Evaluation License solely for the purposes of testing and evaluation. You may not: (1) Modify, translate, reverse engineer, decompile or disassemble the Software; (2) Rent, lease, or transfer all or part of the Software, Documentation or any rights granted hereunder to any other person without the prior written consent of Hypercube; (3) Remove any proprietary notices, labels, or marks from the Software or Documentation; (4) Utilize any computer hardware or software designed to defeat any hardware or software copy protection device, should the software you have licensed be equipped with such protection. Hypercube, Inc. reserves all rights not expressly granted herein. Your right to use the Software shall be effective from the date you first install the Software and shall expire 21 days after the installation. NO WARRANTIES. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL HYPERCUBE, INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF HYPERCUBE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COPYRIGHT Title and copyrights to this Software and accompanying materials and any copies made by you remain with Hypercube. Unauthorized copying of the Software or Documentation, or failure to comply with the above restrictions will result in automatic termination of this license. Unauthorized duplication of the Software constitutes copyright infringement and in the United States is punishable in a federal criminal action by a fine of up to US$250,000 and imprisonment for up to five (5) years. In addition, federal civil penalties allow the recovery of actual damages based on the number of copies produced or liquidated of up to US$100,000 for willful copyright infringement.
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