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CORMIX License Agreement

CORMIX Version(s) 10.0E, 10.0G, 10.0GT, 10.0GTH, 10.0GTS, 10.0GTD, 10.0GTR;
CORMIX Version(s) 9.0E, 9.0G, 9.0GT, 9.0GTH, 9.0GTS, 9.0GTD, 9.0GTR;
CORMIX Version(s) 8.0E, 8.0G, 8.0GT, 8.0GTH, 8.0GTS, 8.0GTD, 8.0GTR;
CORMIX Version(s) 7.0E, 7.0G, 7.0GT, 7.0GTH, 7.0GTS, 7.0GTD, 7.0GTR;
CORMIX Version(s) 6.0E, 6.0G, 6.0GT, 6.0GTS, 6.0GTD, 6.0GTR;
CORMIX Version(s) 5.0E, 5.0G, 5.0GT, 5.0GTS, 5.0GTR;
CORMIX-GI Version(s) 4.3E, 4.3G, 4.3GT, 4.3GTR;
CORMIX-GI Version(s) 4.2E, 4.2G, 4.2GT, 4.2GTR; D-CORMIX v1.2

LICENSE AGREEMENT
------------------------

Copyright 1988 - 2017 by MixZon Inc

The parties to this agreement are MixZon Inc, hereinafter referred to as "MixZon" and the CORMIX software end user hereinafter referred to as "Licensee."

  1. EFFECTIVE DATE
    This agreement shall take effect upon execution.
  2. LICENSED MATERIALS
    MixZon hereby grants to Licensee one (1) non-exclusive, non-transferable,and royalty-free license to install and use the Licensed CORMIX system on one computer,which is incorporated herein by reference. One computer is defined as one unique combination of Operating System (OS)/ Processor (CPU) / Hard Drive Drive(HDD).
  3. SOFTWARE LICENSE TERMS
    Software is licensed by MixZon to Licensee for installation and use per computer defined as consisting of one unique combination of Operating System(OS)/ Processor (CPU) / Hard Drive (HD).

    Software License may be for 1/3/6 month(s) to 1/2/3/5 year(s) term.

    Software period may vary according to purchase terms, Licensee access to software will terminate at the end of the licensed period. The license duration will be computed from the date on which the necessary licensing information is made available to the end-user or his/her representative.

    CORMIX software comes with 30 days of free licensing and installation support. After 30 days, a Software Maintenance Agreement - CorMaintenance is required for licensing and installation support.
  4. LICENSE FEE
    If applicable, the Licensee agrees to remit to MixZon the license fee for procurement of software materials. MixZon may present to Licensee an appropriate invoice for the agreed amount upon execution of this agreement. License fee collected by MixZon is for software material to Licensee. After the expiration of the license term Licensee must procure/renew the license to use the software.
  5. LICENSE PROVISIONS

    1. MixZon is the sole and exclusive owner of all Licensed Materials provided hereunder. Nothing in this Agreement shall operate to transfer any title or ownership interest in such Licensed Materials to Licensee.
    2. MixZon shall have no obligation to provide support, including but not limited to installation, maintenance, debugging and improvements, for Licensed Materials,except as MixZon at its sole discretion, shall determine to be reasonable.
    3. Licensee agrees not to cause or permit any duplication, examination, copying, transfer or other use of the Licensed Materials in any form to any person, party or entity without the prior written authorization of MixZon. All copies of Licensed Materials must reproduce copyright notices.
    4. Licensee agrees to make available to MixZon any modifications or enhancements to the Licensed Materials provided under this agreement. MixZon shall have the right to use such modifications and enhancements for any purpose whatsoever.
    5. Licensee agrees to acknowledge MixZon with appropriate citations in any publication or presentation containing research results obtained in whole or in part through the use of the Licensed Materials.
    6. Licensee purchase of Licensed Materials with academic discounts agrees to use License Materials for educational purposes only. Academic Licensee agrees not to use Licensed Materials for commercial purposes other than instructional use.
    7. Licensee is entitled to any upgrades/updates offered by MixZon during the valid licensed period at no additional charge other than shipping and handling.
    8. MixZon has no obligation under this agreement to support the following: Non-current versions of the Product, Software problems created by customer negligence, software problems resulting from hardware update/upgrade/re-installations/malfunction, software problems resulting from operating system update/upgrades/re-installations/malfunction, software installed or used on a computer system not authorized under this agreement.
    9. MixZon is not required to supply new unlock keys to Licensee due to hardware/software changes/updates/upgrades/failure or operating system updates/upgrades/failures. In such cases, MixZon may require the Licensee to obtain a Software Maintenance Agreement or new licensing terms for new software unlock keys.
  6. TERMINATION

    1. Licensee may terminate this agreement for any reason upon written notice to MixZon. In the event that Licensee neglects or fails to perform or observe any of its obligations under this agreement, MixZon may immediately terminate the agreement upon written notice to Licensee.
    2. Upon termination of this agreement by either party as provided herein, Licensee shall immediately discontinue all use of Licensed Materials provided hereunder, destroy the original and all copies of all such Licensed Materials and certify such destruction in writing to MixZon.
  7. NOTICES

    Any notices required to be given or which shall be given under this agreement shall be in writing delivered by first-class mail or telex. Notices shall be addressed to the parties as follows:

    License Manager
    MixZon
    1033 SW Yamhill St.
    Suite 301
    Portland, Oregon 97205-2539 USA

  8. WARRANTIES
    Licensee agrees to accept the Licensed Materials on an "as is, with all defects" basis. MixZon makes no warranties, express, implied in law or in fact, including any implied warranty of merchantability or fitness for a particular purpose, or results obtained from Licensee's use of Licensed Materials, or that the use of any Licensed Materials will not infringe on any patent, copyright or trademark or other rights.
  9. LIABILITY AND INDEMNIFICATION
    MixZon shall not be liable for any manner of loss or damage arising out of the use of the materials provided hereunder. Further, MixZon shall not be obligated to indemnify the Licensee in any manner for any loss which Licensee may experience, of any kind or nature, arising out of the use of the materials.
  10. ASSIGNMENT
    This agreement shall inure to the benefit of and be binding upon the parties, and their respective successors and assigns. This agreement shall not be assigned by either party without the written consent of the other party thereto.
  11. GOVERNING LAW
    This agreement shall be interpreted, enforced and construed according to the laws of the State of Oregon, USA.
  12. ENTIRE AGREEMENT
    This agreement contains the entire agreement between the parties with respect to the subject matter hereof, and it shall not be modified or amended except by an instrument in writing signed by both parties hereto.
  13. LICENSE FEE
    This copy of CORMIX is offered at terms acceptable to the licensee. Distribution by the licensee is prohibited and copyright restrictions apply.
  14. LIMITATIONS
    If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue to be in full force without being impaired or invalidated in any way. This Agreement constitutes the entire support agreement between Licensee and MixZon.
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