Synalyze It! End user license agreement
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.
YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY TO YOU AND
ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER:
· YOU CLICK THE "ACCEPT" BUTTON, OR
· YOU COPY, INSTALL, OR USE THIS COPY OF SYNALYZE IT! SOFTWARE, OR
· YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS SYNALYZE IT!
IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION IMMEDIATELY, AND DO
NOT USE THIS SOFTWARE.
1. SOFTWARE COVERED BY THIS LICENSE
This license agreement ("Agreement") applies only to the version of
the Synalyze It! software package ("Synalyze It!") with which this Agreement is
Different license terms may apply to other software packages or other
materials from Synalysis, and license terms for later versions of Synalyze It! may
also be changed.
(a) You may, free of charge:
· install and use Synalyze It! free of charge, for the purpose of editing files
and creating XML grammar files.
· copy, store, distribute and transmit, free of charge, identical
copies of this Original Distribution Package of Synalyze It! to others, as
long as it is deemed current by Synalysis.
· store, and distribute and transmit to others, the grammar files created in Synalyze It!
by proper use of this version of Synalyze It!.
(b) You may not:
· modify, translate, reverse engineer, decompile, disassemble, or
create derivative works based on, this Synalyze It! program.
· copy Synalyze It! except as described above.
· sell or license copies of Synalyze It! to others.
· remove any proprietary notices or labels on Synalyze It! or any other Synalysis
· use Synalyze It! in or for High Risk Activities (defined below)
(d) All rights not expressly granted by Synalysis in this Agreement are
entirely and exclusively reserved to Synalysis.
4. SUPPORT. Synalyze It! contains online help files. However, hard-copy
documentation, telephone assistance and other support are not
available under this free license.
5. SYNALYZE IT! FILE FORMAT AND OTHER LICENSES.
(a) The Synalyze It! file formats are data file formats that are owned by
solely by Synalysis, and specified and changed from time to time solely by
(b) This Synalyze It! program, as distributed in this Original Distribution
Package and when properly used as designated solely by Synalysis, is
intended to create grammar files in Synalyze It! file format(s) endorsed by Synalysis at
the time this Original Distribution Package was first made publicly
available by Synalysis. Synalysis reserves the right to change any Synalyze It! file
format at any time at its sole discretion.
6. DISCLAIMER OF WARRANTY. SYNALYSIS DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE
AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST SYNALYZE IT! BEFORE ANY
LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL RESPONSIBILITY
FOR SELECTING AND USING SYNALYZE IT! AND DISTRIBUTING FILES CREATED THROUGH
USE OF SYNALYZE IT!, AND THAT IF YOU USE SYNALYZE IT! IMPROPERLY OR AGAINST
INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR
BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SYNALYZE IT!
IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of
an implied warranty, so this disclaimer may not apply to you and you
may have other legal rights that vary by jurisdiction.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL SYNALYSIS, OR ITS MEMBERS,
OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT
ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF SYNALYZE IT!, FILES
CREATED USING SYNALYZE IT!, OR YOUR RELATIONSHIP WITH SYNALYSIS. Some
jurisdictions do not allow exclusion or limitation of liability for
incidental or consequential damages, therefore the above limitation
may not apply to you.
8. RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the
U.S. Government is subject to the restrictions set forth in
subparagraphs (a) through (d) of the Commercial Computer-Restricted
Rights clause at FAR 52.227-19 when applicable, or in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and
in similar clauses in the NASA FAR Supplement.
9. TITLE. Synalysis or its licensors own the Synalyze It! software, all other
materials in this Synalyze It! Original Distribution Package, the Synalyze It! Grammar File
Format, under the copyright, trademark, and trade
secret laws and all other laws that may apply.
10. TERMINATION. The license will terminate automatically if you
fail to comply with any of the limitations, conditions or obligations
described herein. On termination, you must destroy all copies of the
Synalyze It! software and all other materials in this Synalyze It! Original
Distribution Package and, at Synalysis's sole discretion, any or all of the
files created by you using Synalyze It! and distributed to others.
11. HIGH RISK ACTIVITIES. Synalyze It! is not fault-tolerant and is not
designed, manufactured or intended for use or resale as on-line
control equipment in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities, aircraft
navigation or communication systems, air traffic control, direct life
support machines, or weapons systems, in which the failure of Synalyze It!
could lead directly to death, personal injury, or severe physical or
environmental damage ("High Risk Activities"). Synalysis and its suppliers
specifically disclaim any express or implied warranty of fitness for
High Risk Activities.
12. GENERAL. This Agreement constitutes the entire Agreement between
the parties with respect to the subject matter herein and supersedes
all previous and contemporaneous agreements, proposals and
communications, written or oral between you and Synalysis. Waiver by Synalysis of
any violation of any provision of this Agreement shall not be deemed
to waive any further or future violation of the same or any other
provision. This Agreement and any dispute relating to Synalyze It! or to
this Agreement shall be governed by the laws of Germany. You agree and consent that
jurisdiction and proper venue for all claims, actions and proceedings
of any kind relating to Synalysis or the matters in this Agreement shall be
exclusively in courts located in Sindelfingen, Germany. If any part or provision
of this Agreement is held to be unenforceable for any purpose,
including but not limited to public policy grounds, then you agree
that the remainder of the Agreement shall be fully enforceable as if
the unenforceable part or provision never existed. There are no third
party beneficiaries of any promises, obligations or representations
made by Synalysis herein.