Dell DX6004S DX Cluster Services Node OSS License Notices for 3rd Party Sof - Page 11

Egenix.com Shall Not Be Liable To Licensee Or Any Other Users

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Version 1.1.0 This license agreement is based on the Python CNRI License Agreement, a widely accepted open-source license. 1. Introduction This "License Agreement" is between eGenix.com Software, Skills and Services GmbH ("eGenix.com"), having an office at Pastor-Loeh-Str. 48, D-40764 Langenfeld, Germany, and the Individual or Organization ("Licensee") accessing and otherwise using this software in source or binary form and its associated documentation ("the Software"). 2. License Subject to the terms and conditions of this eGenix.com Public License Agreement, eGenix.com hereby grants Licensee a non-exclusive, royalty-free, world-wide license to reproduce, analyze, test, perform and/or display publicly, prepare derivative works, distribute, and otherwise use the Software alone or in any derivative version, provided, however, that the eGenix.com Public License Agreement is retained in the Software, or in any derivative version of the Software prepared by Licensee. 3. NO WARRANTY eGenix.com is making the Software available to Licensee on an "AS IS" basis. SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, EGENIX.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, EGENIX.COM MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY RIGHTS. 4. LIMITATION OF LIABILITY EGENIX.COM SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF THE SOFTWARE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO LICENSEE. 5. Termination This License Agreement will automatically terminate upon a material breach of its terms and conditions. 6. Third Party Rights Copyright © 2010 Caringo, Inc. All rights reserved 8 Version 2.0 December 2010

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Copyright © 2010 Caringo, Inc.
All rights reserved
8
Version 2.0
December 2010
Version 1.1.0
-----------------------------------------------------------------------------
This license agreement is based on the Python CNRI License Agreement, a
widely accepted open-source license.
1. Introduction
This "License Agreement" is between eGenix.com Software, Skills and
Services GmbH ("eGenix.com"), having an office at Pastor-Loeh-Str. 48,
D-40764 Langenfeld, Germany, and the Individual or Organization ("Licensee")
accessing and otherwise using this software in source or binary form and its
associated documentation ("the Software").
2. License
Subject to the terms and conditions of this eGenix.com Public License
Agreement, eGenix.com hereby grants Licensee a non-exclusive, royalty-free,
world-wide license to reproduce, analyze, test, perform and/or display publicly,
prepare derivative works, distribute, and otherwise use the Software alone or
in any derivative version, provided, however, that the eGenix.com Public License
Agreement is retained in the Software, or in any derivative version of the Software
prepared by Licensee.
3. NO WARRANTY
eGenix.com is making the Software available to Licensee on an "AS IS" basis.
SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED,
EGENIX.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, EGENIX.COM MAKES
NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT
THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
4. LIMITATION OF LIABILITY
EGENIX.COM SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF
THE SOFTWARE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES OR LOSS (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) AS A RESULT OF
USING, MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY DERIVATIVE
THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR
LIMITATION MAY NOT APPLY TO LICENSEE.
5. Termination
This License Agreement will automatically terminate upon a material breach
of its terms and conditions.
6. Third Party Rights