Pure Mpi.NET LICENSE AGREEMENT

January 2008

IMPORTANT NOTICE

This Software License Agreement (hereinafter, this "LICENSE") is a legal agreement between you (either an individual or a single entity) and Pure Mpi.NET, for the software containing this LICENSE (the "SOFTWARE").

PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS LICENSE. YOU AGREE THAT THIS LICENSE IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT INSTALL OR OTHERWISE USE THIS SOFTWARE. IF YOU HAVE A COMMERCIAL LICENSE, YOU WILL BE ENTITLED TO A FULL REFUND OF THE AMOUNT PAID FOR THE SOFTWARE WITHIN THIRTY (30) DAYS OF THE DATE OF PURCHASE.  

I. OWNERSHIP; LICENSE GRANT.

Your rights to the SOFTWARE are specified in this LICENSE, and Pure Mpi.NET retains all rights not expressly granted to you in this LICENSE. Pure Mpi.NET hereby grants to you, and you accept, a non-exclusive, non-transferable license to use and copy the SOFTWARE only as authorized below.  

II. NON-COMMERCIAL LICENSE

The SOFTWARE may be used for free for non-commercial purposes.

Non-commercial use is limited to the following entities: universities, colleges and other educational institutions (including, but not limited to elementary schools, middle schools, high schools, and community colleges), and other individual who use the SOFTWARE for personal, non-commercial use only.

III. COMMERCIAL LICENSE

The SOFTWARE can be used by a for-profit organization for trial or testing purposes without a commercial license. A COMMERCIAL LICENSE is required if the SOFTWARE is to be in a production environment, or be used to generate income, or for personal benefit.  Please contact sales@purempi.net to obtain a commerial license.  

IV. PERMITTED USES.

This LICENSE grants you the following rights:

A. The SOFTWARE is licensed per individual developer. You may make copies on more than one computer, as long as the use of the SOFTWARE is by the same developer. The  SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM, or other storage devise) of that computer. However, installation on a network server for the sole purpose of internal distribution to one or more other computer(s) shall not constitute "use" for which a separate license is required, provided you have a separate license for each computer to which the SOFTWARE is distributed, or a volume license is obtained.  

B. Solely with respect to electronic documents included with the SOFTWARE, you may make a copy (either in hardcopy or electronic form) for each developer for which the SOFTWARE has been licensed as described in Section II.A, above; provided, that such copies shall be used only by such developer for internal purposes and are not to be republished or distributed to any other third party or developer.

V. PROHIBITED USES.  

You may not, without the prior written permission of Pure Mpi.NET:

A. Disassemble, decompile or "unlock", decode or otherwise reverse translate or engineer, or attempt in any manner to reconstruct or discover any source code or underlying algorithms of SOFTWARE provided in object code form only.  

B. Use, copy, modify, or merge copies of the SOFTWARE and any accompanying documents except as permitted in this LICENSE.

C. Transfer, rent, lease, or sublicense the SOFTWARE.  

D. Separate the software programs comprising the SOFTWARE for use by more than one user at a time.

VI. REDISTRIBUTABLE COMPONENTS.  

The SOFTWARE includes certain runtime libraries and binary files intended for duplication and distribution. These runtime libraries and binary files are specifically identified as “Redistributable” in the documentation included with the Software (herein, “Redistributable Files”).

Pure Mpi.NET grants you the non-exclusive, royalty-free license to duplicate and distribute the Redistributable Files.

If you redistribute the Redistributable Files, you agree to:

A. Distribute the Redistributable Files only in conjunction with and as part of your software application product(s).  

B. Not use Pure Mpi.NET’s name, logo or trademarks to market a software application product.

C. Include a valid copyright notice on your software.  

D. Indemnify, hold harmless, and defend Pure Mpi.NET from and against any claims or lawsuits, including attorney’s fees, that arise or result from the use and distribution of your software application product.  

VII. TERMINATION.

This LICENSE and your right to use the SOFTWARE will terminate immediately without notice from Pure Mpi.NET if you fail to comply with the terms and conditions of this LICENSE. Upon termination, you agree to destroy the SOFTWARE, including all accompanying documents and copies. This is in addition to and not in lieu of any criminal, civil or other remedies available to Pure Mpi.NET.  

VIII. COPYRIGHT

The SOFTWARE is Copyright © 2008 Pure Mpi.NET. All rights reserved. The SOFTWARE is protected by United States copyright laws, international treaties and all other applicable national or international laws.  

IX. EXPORT RESTRICTIONS

The SOFTWARE is subject to export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the SOFTWARE. These laws include restrictions on destinations, end users and end use.  

X. LIMITATION OF LIABILITIES

The SOFTWARE is provided as is, without any representation or warranty of any kind, either express or implied, including without limitation any representations or endorsements regarding the use of, the results of, or performance of the product, its appropriateness, accuracy, reliability, or correctness. The entire risk as to the use of this product is assumed by you. Pure Mpi.NET does not assume liability for the use of this program beyond the original purchase price of the software. IN NO EVENT SHALL PURE MPI.NET OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF PURE MPI.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.