Semantica Pro 4.4 Software License Agreement

Semantic AI, Inc., A California Corporation, grants to you and you accept a license to use the programs and the related materials delivered in accordance with this agreement. Semantic AI, Inc. (hereafter SRI) reserves all rights not expressly granted to you. You own the disk(s) on which the Software is originally or subsequently recorded or fixed, but SRI retains ownership of all copies of the Software itself. You may write the contents of the software into the machine memory of your computer so that the software can be executed. The software may be associated with one computer and may be used by more than one person on that computer, or it may be associated with one person and used by that person on more than one computer. However, in no event shall two or more persons use the software at the same time. You may also make working copies of the software, solely for your own use, subject to the following restrictions. Working copies must be treated in the same way as the original and labeled with the Copyright Notice that is on the original copy of the software. If you ever sell, lend, or give away the original copy of the software, all working copies must also be sold, lent or given to the same person or destroyed. No copy, original or working, may be used while any other copy, original or working, is being used by a different person. You may not sublicense, assign, or transfer the license granted herein without written consent of SRI.

DISCLAIMER OF WARRANTIES

All products and services relating to this Agreement ("Services") including, without limitation, Semantica 4.4, Semantic AI, Inc's Web site, and Maintenance Services are provided "AS IS," without warranty of any kind. SEMANTIC RESEARCH, INC. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING SEMANTICA 4.4, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE, ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD PARTY'S PATENT(S), TRADE SECRET(S), COPYRIGHT(S) OR OTHER INTELLECTUAL PROPERTY RIGHTS. SEMANTIC RESEARCH, INC. DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH USES. SEMANTIC RESEARCH, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SEMANTICA 4.4 WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF SEMANTICA 4.4 WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN SEMANTICA 4.4 WILL BE CORRECTED. FURTHERMORE, SEMANTIC RESEARCH, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THEUSE OF SEMANTICA 4.4 IN TERMS OF IT'S CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SEMANTIC RESEARCH, INC. OR SEMANTIC RESEARCH, INC.'S AUTHORIZED REPRESENTATIVE SHALL CREATE ANY WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD SEMANTIC A 4.4 PROVE DEFECTIVE, YOU (AND NOT SEMANTIC RESEARCH, INC. OR SEMANTIC RESEARCH, INC.'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

Semantic AI, Inc. reserves the right to make periodic modifications of this product without obligation to notify any person or entity of such revision. The warranty described above is exclusive and supersedes all others, oral or written, expressed or implied. No SRI member, dealer, agent or employee is authorized to modify, extend or add to this warranty. Some states do not allow limitations on the length of implied warranties or on the implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legalrights, and you may also have rights which vary from state to state. This agreement will be governed and interpreted in accordance with the laws of the State of California, USA.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SEMANTIC RESEARCH, INC. BE LIABLE FOR ANY LOST REVENUE OR PROFITS ORANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE SEMANTICA 4.4 OR ANY SERVICES RELATING TO THIS AGREEMENT REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES AND EVEN IF SEMANTIC RESEARCH, INC. OR SEMANTIC RESEARCH, INC.'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SEMANTIC RESEARCH, INC.'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT SEMANTIC RESEARCH, INC. RECEIVED FOR USE OF SEMANTICA 4.4.

GOVERNMENT LICENSEES

If Semantica 4.4 is licensed by or for any unit or agency of the United States Government, then Semantica 4.4 will be classified as "commercial computer software", as that term is defined in the applicable provisions of the Federal Acquisition Regulation (the "FAR") and supplements, including the Department of Defense ("DoD") FAR Supplement (the "DFARS"). Semantica 4.4 was developed exclusively at private expense, and no part of Semantica 4.4 was first produced in the performance of a United States Government contract. If Semantica 4.4 is supplied for use by DoD, Semantica 4.4 is delivered subject to the terms of this Agreement and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252.227-7013(c) (Nov. 1995), as applicable. If Semantica 4.4 is supplied for use by a Federal agency other than DoD, Semantica 4.4 is restricted computer software delivered subject to the terms of this Agreement and (i) FAR 12.212; (ii) FAR 52.227-19; or (iii) FAR 52.227-14, as applicable.

Semantica Pro 4.4 License
Sept 1, 2009