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ATTENTION: READ CAREFULLY! BY DOWNLOADING, USING, COPYING OR DISTRIBUTING THE ACCOMPANYING SOFTWARE, YOU ARE BECOMING A PARTY TO THE AGREEMENT BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, DO NOT INSTALL THE SOFTWARE. The Franz Inc. ("Franz") Allegro CL Free Express Edition ("Express Edition") is not shareware, it is freeware subject to certain restrictions and the accompanying license agreement, and is designed to be used as a learning tool. The Express Edition consists of two parts - a binary distribution containing the Allegro CL and AllegroGraph Personal version software, and a license file. The Express Edition may only be used for limited period of time. After the trial period, you will need to run the "newlicense" program found in your Allegro directory to obtain a new license file. It is important that you read carefully the provisions of the attached license agreement. These provisions detail the obligations imposed on you for installing, using, copying or distributing this software. Copyright and Trademark Notices: -------------------------------- The Express Edition is Copyright (c) Franz Inc. 1986-2010. All rights reserved. The online documentation and all computer files are also Copyright (c) Franz Inc. 1986-2010. All rights reserved. These rights include but are not limited to any foreign language translations of the manual or the software, and all derivative works of both. The trademarks Allegro CL, Allegro Common Lisp, Allegro CL and AllegroGraph are the property of Franz Inc. All other trademarks are the property of their respective owners. LICENSE AGREEMENT =============== FRANZ END USER LICENSE AGREEMENT ("Agreement") Date: February 11, 2010 Products: Allegro CL Express Edition including AllegroGraph Personal Version 1.LICENSE. Franz Inc. ("Franz") hereby grants you (each licensee is addressed as "you") a non-exclusive, transferable license to use its accompanying software products known as "Allegro CL Express Edition" and "AllegroGraph" and accompanying documentation (the programs' object code, accompanying source code provided by Franz, and documentation are collectively referred to as the "Software") subject to the terms and conditions of this Agreement and for non-commercial purposes only (see Section 2 below). Subject to the terms of this Agreement, you may: a. use the Software on any computer in your possession for the following purposes: (i) instruction, (ii) homework assignments, and (iii) personal programming, unrelated to commercial, government or university-sanctioned research; b. make copies of the Software; and c. distribute the Software (subject to the requirements of Sections 3 and 11 below) only in the form originally furnished by Franz with no modifications or additions whatsoever. If you have any doubt that your copy of the Software is not original, you must contact Franz for an original copy. You may, however, distribute additional programming code in source form only, and related documentation (e.g., LISP application programs or code that alters the operation of the Software) together with the Software, provided that each Additional File must be stored in a file separate from the Software, separately identified as required by Section 2(d) below. YOU MAY NOT MODIFY OR OTHERWISE PREPARE DERIVATIVE WORKS OF THE SOFTWARE. 2. LIMITATIONS ON LICENSE. The license granted in Section 1 is subject to the following restrictions: a. The Software is to be used only for non-commercial purposes unless you obtain Franz's prior written consent. Prohibited commercial purposes include, but are not limited to: (i) Developing university-sanctioned research projects and applications; (ii) Licensing or renting the Software to third parties for a fee (by payment of money or otherwise, whether direct or indirect); (iii) Using the Software to provide services or products to others for which you are compensated in any manner (payment of money or otherwise, whether direct or indirect), including, without limitation, providing support or maintenance for the Software; (iv) Using, distributing, or copying the Software within a government environment; (v) Using the Software to develop an application which is ported to other platforms for commercial distribution; or (vi) Using the Software in any manner that is generally competitive with a Franz product as defined by Franz. b. However, media costs associated with the distribution of the Software may be recovered. You shall use your best efforts to promptly notify Franz upon learning of any violation of the above commercial restrictions. c. On each copy of the Software you must conspicuously and appropriately reproduce Franz's copyright notices (see Software for examples of such notices) and disclaimer of warranty; keep intact this Agreement and all notices that refer to this Agreement or any absence of warranty (whether written or interactively displayed); and give any other recipients of the Software a copy of this Agreement. d. You may not modify or otherwise prepare derivative works of the Software. You may, however, distribute additional programming code in source form only, and related documentation (e.g., LISP application programs or code that alters the operation of the Software) ("Additional Files") together with the Software, provided that each Additional File must be stored in a file separate from the Software. Each Additional File must carry prominent and conspicuous notices stating the date of its creation, and the name, street address, telephone number, and electronic mail address of the person responsible for its creation. e. In order to preserve the value of the Franz name and/or any trademarks, service marks, trade dress adopted and/or used by Franz from time to time, you shall not make use of any of them for any reason (e.g., with respect to an Additional File, in advertising, marketing your own products, press releases, or other publicity) except solely as may be expressly authorized by this Agreement or by the prior written consent of Franz. f. Franz, in its sole and absolute discretion, may have included a portion of the source code or online documentation of the Software. Except for any such portions, you shall not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE ANY PORTION OF THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM, except to the extent this restriction is prohibited by applicable law. 3. DISTRIBUTION: As used in this Agreement, the term "distribute" (and its variants) includes making the Software available (either intentionally or unintentionally) to third parties for copying or use, including providing timeshare access. Each time you distribute the Software, the recipient must expressly agree to comply with these terms and conditions. The recipient automatically receives this license to use, copy, or distribute the Software subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance with this Agreement by recipients. 4. EMAIL COMMUNICATIONS. As a condition of using the Software, you hereby authorize Franz to send you email communications from time to time regarding the Software and other Franz products. If at any point you do not wish to receive email communications from Franz, you must uninstall the Software prior to unsubscribing from the Franz email distribution list. If you unsubscribe from the Franz email distribution list, this License shall automatically terminate and any further use of the Software shall be unauthorized. 5. TITLE. Title, ownership rights, and intellectual property rights in and to the Software, and each copy thereof (including all copyrights therein), shall remain in Franz. The Software is protected by the copyright laws of the United States and international copyright treaties. 6. NO FRANZ OBLIGATION. You are solely responsible for all of your costs and expenses incurred in connection with the distribution of the Software, and Franz shall have no liability, obligation or responsibility therefor. Franz shall have no obligation to provide maintenance, support, upgrades or new releases to you or to any distributee of the Software. 7. NO WARRANTY. THE SOFTWARE IS LICENSED FREE OF CHARGE, AND THERE IS NO WARRANTY FOR THE SOFTWARE. FRANZ PROVIDES THE SOFTWARE "AS IS," AND FRANZ, ITS DISTRIBUTORS AND SUPPLIERS, AND ALL OTHER PERSONS WHO HAVE BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE, DISCLAIM ALL CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY CONDITIONS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS, QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU AND YOUR DISTRIBUTEES. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU AND YOUR DISTRIBUTEES (AND NOT FRANZ) ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. FRANZ MAKES NO WARRANTY OF NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. 8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL FRANZ, ITS DISTRIBUTORS AND SUPPLIERS, OR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, LOSS OF DATA, OUTPUT FROM THE SOFTWARE OR DATA BEING RENDERED INACCURATE, FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF FRANZ HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. 9. INDEMNIFICATION. You and your distributees shall defend, indemnify and hold harmless Franz, its distributors and suppliers, and all other persons who have been involved in the creation, production, or delivery of the Software, from any claim, demand, liability, damage award, suit, judgment, or other legal action (including reasonable attorney's fees) arising out of your use, distribution, modification, or duplication of the Software or Additional Files. 10. TERMINATION. The license granted hereunder is effective until terminated by Franz. You may terminate it at any time by destroying the Software. This license will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the Software. The termination of your license will not result in the termination of the licenses of any distributees who have received rights to the Software through you so long as they are in compliance with the provisions of this Agreement. 11. EXPORT CONTROLS. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country in violation of the laws and administrative regulations of the United States relating to the control of exports of commodities and technical data. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country. 12. U. S. GOVERNMENT USE. The Software and any accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performing, displaying or disclosing of the Software and accompanying documentation by the U.S. Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement. Contractor/manufacturer is Franz Inc., 2201 Broadway, Suite 715 Oakland, CA 94612. 13. MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may not be amended. If any provision of this Agreement is held to be unenforceable for any reason, this Agreement shall terminate. This Agreement shall be governed by and construed under California law as such law applies to agreements between California residents entered into and to be performed within California, except as governed by U.S. federal law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Address all correspondence regarding this license to: Franz Inc. Attn: Legal Department 2201 Broadway, Suite 715 Oakland, CA 94612 510-452-2000 510-452-0182 (fax) ATTENTION: READ CAREFULLY! BY INSTALLING, USING, COPYING OR DISTRIBUTING THE ACCOMPANYING SOFTWARE, YOU ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, DO NOT INSTALL THE SOFTWARE.
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