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    IMPORTANT-CAREFULLY READ THE TERMS AND CONDITIONS OF THIS NO FEE LICENSE AGREEMENT BEFORE YOU CLICK THE "SUBMIT REQUEST" BUTTON ON THE REQUEST A SCRIPT PAGE.

    BY CLICKING THE "SUBMIT REQUEST" BUTTON ON THE REQUEST A SCRIPT PAGE (ACCEPTING THIS AGREEMENT) AND USING THE SCRIPTS, YOU ARE CONSENTING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS NO FEE LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT DO NOT SUBMIT A REQUEST FOR THE SCRIPTS. IF AFTER YOU HAVE RECEIVED THE SCRIPTS YOU WISH TO TERMINATE THE AGREEMENT, REMOVE THE SCRIPTS FROM YOUR COMPUTER SYSTEM.

    Stirling Systems Group, LLC ("Stirling") and you hereby agree to a free installation of Stirling's Scripts on your computer system.

    You agree to be bound by the following license terms:

    1. On and subject to the terms of this Agreement, Stirling grants you a free, non-exclusive, non-transferable license to use the Scripts.

    2. Title to the Scripts furnished to you is reserved to Stirling.

    3. Stirling reserves all copyright, trade secrets and proprietary rights in the Scripts and other materials furnished to you or exhibited or made available to you You agree to use the Scripts only as authorized in this Agreement. This Agreement does not convey to you any ownership rights or any other interest in the Scripts. Except as provided in 5 below, you may not copy or make any changes or modifications to the Scripts. You may not loan, rent, lease or sublicense the Scripts or any copy to others for any purpose. You agree to use all reasonable efforts to protect the Scripts from unauthorized use, modification, reproduction, distribution or publication.

    4. The Scripts are licensed to you by Stirling, and as such you agree to not disclose or disseminate them to any third party and to restrict access to the Scripts to those of your employees necessarily involved in the use of the Scripts.

    5. Except for installation of the Scripts in your computer system pursuant to the license granted in 1, you shall not copy or reproduce the Scripts , in whole or in part. You may edit the Scripts to tailor them to your environment.

    6. Limited Warranty. THE SCRIPTS ARE PROVIDED FREE OF CHARGE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND STIRLING SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY LAW. STIRLING DOES NOT PROVIDE ANY WARRANTY AS TO THE OPERATION OF THE SCRIPTS OR THEIR FITNESS FOR ANY PARTICULAR APPLICATION, USE, OR PURPOSE.

    7. Limitation of Liability and Remedies: THE SCRIPTS ARE PROVIDED GRATUITOUSLY AND ACCORDINGLY, STIRLING SHALL NOT BE LIABLE UNDER ANY THEORY FOR DAMAGES SUFFERED BY YOU OR ANY USER OF THE SCRIPTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE, MAINTENANCE AND TECHNICAL SUPPORT OF THE SCRIPTS IS BORNE BY YOU. SHOULD THE SCRIPTS PROVE DEFECTIVE, YOU MAY NOTIFY STIRLING WHO WILL DECIDE IN ITS DISCRETION WHETHER TO REPAIR OR REPLACE THE SAME. IN NO EVENT SHALL STIRLING BE LIABLE FOR ANY LOSS OF PROFIT OR ANY OTHER COMMERCIAL DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, EVEN IF STIRLING IS ADVISED, IN ADVANCE, OF THE POSSIBILITY OF SUCH DAMAGES.

    8. This Agreement shall be construed in accordance with, and governed for all purposes by, the laws and public policy of the State of Colorado without regard to conflicts of law principles. You agree that any remedy in law for breach or threatened breach of this agreement would be inadequate to protect Stirling from the loss or misuse of its confidential information and intellectual property rights and therefore that in the event of any such breach or threatened breach, injunctive relief shall be the appropriate remedy.

    9. This Agreement is personal to you and may not be transferred or assigned in any manner without Stirling's prior written consent in each instance.

 

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