TITAN LICENCE AGREEMENT

PLEASE READ THIS SOFTWARE LICENCE AGREEMENT ("LICENCE") CAREFULLY BEFORE DOWNLOADING THE SOFTWARE. BY DOWNLOADING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, YOU ARE NOT AUTHORIZED TO DOWNLOAD THIS SOFTWARE.

  1. Licence. The software accompanying this Licence whether on disk, in read only memory, or on any other media (the "Software") is licenced, not sold, to you by the University Corporation for Atmospheric Research ("UCAR"). YOU OWN THE MEDIA ON WHICH THE SOFTWARE IS RECORDED BUT UCAR RETAINS TITLE TO THE SOFTWARE. The Software and any copies which this Licence authorizes you to make are subject to this Licence.
  2. Permitted Uses and Restrictions. This Licence allows you to use the Software for educational, research and non-profit purposes only, and for no other purposes whatsoever, including but not limited to commercial purposes. If you make copies of the Software, each copy must include all copyright information contained on the original. Except as permitted by applicable law and this Licence, you may not rent, lease, loan or distribute the Software, or transmit the Software over a network. Your rights under this Licence will terminate automatically without notice from UCAR if you fail to comply with any term(s) of this Licence.
  3. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software is provided "AS IS" and without warranty of any kind and UCAR EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. UCAR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, UCAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY UCAR OR A UCAR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT UCAR OR A UCAR AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
  4. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL UCAR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENCE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall UCAR's total liability to you for all damages exceed the amount paid for this Licence to the Software.
  5. Export Law Assurances. You agree that the Software will not be exported outside the United States except as authorized by United States law. You also agree that Software that has been rightfully obtained outside of the United States shall not be re-exported except as authorized by the laws of the United States and of the jurisdiction in which the Software was obtained.
  6. Controlling Law and Severability. This Licence shall be governed by the laws of the United States and the State of Colorado. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Licence shall continue in full force and effect. This Licence shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
  7. Complete Agreement. This Licence constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Licence will be binding unless in a writing and signed by UCAR.

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