Jim Mossman
Attribution required
2005
Reservation of Ownership and Grant of Rights

This is a license agreement (Agreement) and not an agreement for sale. The contributing author (hereinafter referred to as "Author") retains exclusive title and ownership of the copy of the AML, SML, Avenue, AutoLISP, Visual Basic sample scripts (collectively referred to hereinafter as "Script(s)") licensed under this Agreement and grants you (hereinafter referred to as "Developer") a personal, nonexclusive, nontransferable, worldwide, royalty-free license to use, copy, edit, modify, merge, incorporate, and/or prepare derivative work(s) of the Script(s) with any new scripting code and/or data, and thereafter the copyright license to demonstrate, reproduce, redistribute, and publicly display the derivative work(s) embedding the Script(s) to Developer's clients for the client's own internal use. All rights not specifically granted in this Agreement are reserved to the Author. In the event Developer transfers a copy of the unmodified Script(s) to another party, Developer expressly agrees to always include this Agreement file with all copies of the unmodified Scripts.

Copyright The Script(s) are owned by the Author and are protected by United States copyright laws and applicable international laws, treaties, and/or conventions. The following Author attribution information must be given in comment form in the Script(s), in an "Help-About" dialog box, in a supporting digital "Read Me" file, and/or provided in digital form for on-line documentation, and at the beginning or end acknowledgment page of any hard-copy documentation:

"Portions of this work include intellectual property of [Insert Name of Author] and are used herein with permission. Copyright (C) [Insert year(s)] [Insert Name of Author]. All rights reserved."

The parties mutually agree that Developer may make an application for copyright registration in the derivative work(s) prepared by Developer based on the preexisting Script(s) so long as Developer identifies and discloses all respective ownership rights in preexisting material(s) that comprise Developer's derivative work(s) in section 6, Derivative or Compilation on Form TX and/or any other applicable form(s) of the United States Copyright Office or the applicable forms in other legal jurisdictions.

Disclaimer of Warranty Developer expressly acknowledges that the Script(s) are unsupported scripting code and that no technical support shall be provided to Developer by the Author.

THE SCRIPT(S) ARE PROVIDED "AS-IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE AUTHOR DOES NOT WARRANT THAT THE OPERATION OF THE SCRIPTS SHALL BE UNINTERRUPTED OR ERROR FREE. DEVELOPER BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SCRIPTS.

Exclusive Remedy and Limitation of Liability The parties expressly agree that the Author's liability hereunder for any damages to Developer, regardless of the form of action, shall not exceed the total amount paid for the license granted herein.

IN NO EVENT SHALL THE AUTHOR BE LIABLE TO DEVELOPER FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOST SALES OR BUSINESS EXPENDITURES, INVESTMENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR USE OF THE SCRIPT(S), HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Governing Law This license is governed by the laws of the United States of America and the state laws of the Author without reference to conflict of laws principles.

Entire Agreement The parties agree that this Agreement constitutes the sole and entire agreement of the parties as to the matter set forth herein and supersedes any previous agreements, understandings, and arrangements between the parties relating hereto when Developer assents to be bound by these terms and conditions by clicking the "Accept" button below.
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