----------------------------------- - SilverBiology LICENSE AGREEMENT - - revision: 2012-30-11 - ----------------------------------- SOFTWARE, including, but not limited to: SilverImage SOURCE CODE, including, but not limited to: SilverImage Javascript (.js) files COPY STATION, including, but not limited to: Unique computer used for capturing images, slides, or cards 1. GRANT OF LICENSE. SilverBiology grants to you a nonexclusive, royalty-free, right to use the SOFTWARE. You may only install or otherwise use the SOFTWARE for one COLLECTION per license. If you use the SOFTWARE for additional COPY STATIONS, additional licenses or permission must be obtained from SilverBiology, LLC. 2. COPYRIGHT. The SOFTWARE is owned by SilverBiology, LLC and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording) except that you may either (a) make a copy of the SOFTWARE solely for backup, archival, or developing/testing purposes, or (b) transfer the SOFTWARE to a hard disk provided you keep the original solely for backup or archival purposes. 3. OTHER RESTRICTIONS. This License is your proof of license to exercise the rights granted herein and must be retained by you. You may not reverse engineer, decompile, or disassemble, or try and exploit the SOFTWARE, except to the extent the foregoing restriction is expressly prohibited by applicable law. 4. USE OF SOURCE CODE. You may modify but not redistribute SilverImage files. There is no technical support for any issues that resolve from modifying the original source code provided by SilverBiology. 5. Upgrades. As a part of this Agreement, SilverBiology will provide upgrades of SilverImage for 1 year after installation, at no additional cost, under the terms and conditions of this Agreement, as soon as they are made available to other customers of SilverImage. Any extension of this time is relevant to an individual maintenance agreement. 6. Additions. You have permission to create additional plugins/addons to the distributed SOFTWARE. You may not compete, sell, or give these plugins to other SilverImage clients without the express permission of SilverBiology. 7. Developing/Testing. You have permission to create a copy of the software for developing. This copy can only be used for testing only and not allowed to be used publicly. 8. COMPANY DISSOLUTION POLICY. If in the event that SilverBiology becomes dissolved and no other company has been appointed as the official owner of SilverImage after 1 year, then the software will be released and posted as Open Source software to the community. A 3rd party has been arranged to access and release this code at that time. Regarding other uses, or if you are unsure of your rights under this license, please contact SilverBiology at support@silverbiology.com. LIMITED WARRANTY NO WARRANTIES. SilverBiology EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. 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 OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL SilverBiology 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 OR INABILITY TO USE THIS SilverBiology PRODUCT, EVEN IF SilverBiology HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 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 as set forth in subparagraph (c)(1)(ii) of The Right in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraph (c)(1) and (2) of the Commercial Computer Software--Restricted Rights 48 CFR 52.227-19, as applicable. Manufacturer is SilverBiology, LLC./16950 Strain Rd/Baton Rouge, LA 70816. This Agreement is governed by the laws of the State of Louisiana and of the United States of America. Should you have any questions concerning this Agreement please write: SilverBiology, LLC Customer Service 16950 Strain Rd Baton Rouge, LA 70816 Part of the BBB http://www.bbb.org/baton-rouge/business-reviews/computer-software-publishers-and-developers/silver-biology-in-baton-rouge-la-90009400#bbblogo Copyright © 2012 SilverBiology, LLC. 16950 Strain Rd, Baton Rouge, LA, 70816 U.S.A. All rights reserved.