LICENSE AGREEMENT

THIS AGREEMENT IS BETWEEN YOU AND THE ARIZONA BOARD OF REGENTS (ABOR) FOR A LIMITED, REVOCABLE, NONTRANSFERABLE, NONEXCLUSIVE LICENSE TO USE WinRDBI ® ("SOFTWARE") FOR EDUCATIONAL, NON-COMMERCIAL PURPOSES ONLY.
PLEASE CAREFULLY READ THIS AGREEMENT BEFORE DOWNLOADING AND USING SOFTWARE.
BY INSTALLING SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, ABOR WILL NOT LICENSE SOFTWARE TO YOU, AND YOU MAY NOT USE SOFTWARE.
ABOR IS WILLING TO LICENSE SOFTWARE TO YOU ONLY IF YOU ACCEPT ALL TERMS AND CONDITIONS IN THIS AGREEMENT.
IF YOU AGREE WITH ALL TERMS AND CONDITIONS OF THIS AGREEMENT AFTER READING IT, YOU MAY SIGNIFY YOUR ASSENT BY CLICKING ON THE “I AGREE” ICON BELOW.

SOFTWARE OWNERSHIP

SOFTWARE IS LICENSED NOT SOLD.
SOFTWARE and accompanying written materials are owned by ABOR and are protected by United States copyright laws and applicable international treaties.
By agreeing to the terms and conditions of this Agreement you acknowledge that you are acquiring only a nonexclusive license to use SOFTWARE for educational, non-commercial purposes and that ABOR remains the owner of all right, title, and interest in SOFTWARE and in any copies of it.

GRANT OF LICENSE - LIMITED, REVOCABLE, NONEXCLUSIVE LICENSE

ABOR grants to you, as an individual, a limited, revocable, nontransferable, nonexclusive license providing you the right to download and use a copy of the software for educational, non-commercial purposes only. The license permits you to install the software on more than one computer system provided there is no possibility that the software will be used on more than one computer system simultaneously. Simultaneous usage requires a separate license for each computer. ABOR reserves all rights not expressly granted.

RESTRICTIONS ON USE AND TRANSFER

You may not make nor permit the making of copies of SOFTWARE, its documentation, or associated written materials except as authorized by this agreement. You may not rent or lease SOFTWARE or otherwise transfer or assign the right to use SOFTWARE. You may not reverse engineer (for example, convert from byte code to source code), decompile, disassemble, or otherwise alter SOFTWARE, except and only to the extent expressly permitted by applicable law. You may not create derivative or collective works from SOFTWARE.

DISCLAIMER OF WARRANTIES

ABOR SPECIFICALLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE AND ACCOMPANYING WRITING MATERIALS. THE SOFTWARE AND ACCOMPANYING DOCUMENTATION, IF ANY, PROVIDED HEREUNDER IS PROVIDED "AS IS". ABOR HAS NO OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.
ABOR MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ABOR MAY MAKE IMPROVEMENTS AND/OR CHANGES IN SOFTWARE AND RELATED DOCUMENTATION AT ANY TIME.

DISCLAIMER OF LIABILITY

ABOR DISCLAIMS ALL LIABILITY AND SHALL IN NO EVENT BE LIABLE TO ANY PARTY FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ANY LOSS OF PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR ANY OTHER PECUNIARY LOSS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SOFTWARE, DOCUMENTATION, OR INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF ABOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TERMINATION

ABOR may terminate this Agreement if you fail to comply with its terms and conditions. In such event, you must destroy all copies of SOFTWARE.

INTERPRETATION AND CHOICE OF LAW

Whenever possible, each provision of this license agreement shall be interpreted in a manner as to be valid and effective under applicable law. If any provision is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this license agreement and shall not affect the validity and enforceability of the remaining provisions. The laws of the State of Arizona govern this agreement.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent.
Written notification must be submitted to the following Designated Agent;
Service Provider:
Agent Designated to Receive Notification ofClaimed Infringement:
Office of Technology Collaborations and Licensing
Full Address of Designated Agent to Which Notification Should be Sent:
Arizona State University
Office of Technology Collaborations and Licensing
PO Box 873511
Tempe, Arizona 85287-3511
Telephone Number of Designated Agent:
480.965.5670
Facsimile Number of Designated Agent:
480.965.0421
To be effective, the Notification must include the following:
  1. Identification of copyrighted work claimed to have been infringed;
  2. Identification of the material that is claimed to be infringing or to be subject of infringing activity and that is to be removed or access to be disabled, and information reasonably sufficient to permit service provider to locate the material;
  3. Complaining Party's contact information such as an address, telephone number, Email address, etc.;
  4. Statement by Complaining Party indicating a good faith belief that use of the material in the manner complained is not authorized by copyright owner, its agent, or the law;
  5. Statement that the information in the notification is accurate, and under penalty of perjury, that Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  6. Physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

COPYRIGHT NOTICE. Copyright © 1999 Arizona Board of Regents. All rights reserved.