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ROPRO® Software License Agreement (“Agreement”)
Upon agreement with these terms as evidenced by your choice of the “ACCEPT” option below, Koch Membrane Systems, Inc. grants you a personal, non-exclusive, non-transferable, royalty-free license to use the ROPRO® software (“Software”). This License shall remain in effect until terminated by Koch Membrane Systems, Inc. or until automatic termination, which will occur upon the end of the license agreement or the violation of any of these provisions. The Software is the property of Koch Membrane Systems, Inc. and all rights to patents, copyrights, trademarks and trade secrets in the Software or any modification are, and shall be without limitation, the property of Koch Membrane Systems, Inc. Modification, alteration, translation, disassembling or creation of derivative materials is strictly prohibited. Proprietary and/or copyright notices or labels will not be removed for any reason. Koch Membrane Systems, Inc. provides the Software “AS IS” and offers no warranty or guarantee of any kind as to the information provided in the Software, including but in no way limited to results arising from the use of the Software, the accuracy of the information derived from the Software, or for any other use, non-use or application of the Software, and you acknowledge and agree that you assume all liability under any and all applicable laws in connection with your installation and use of the Software. THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ASSOCIATED WITH THE INSTALLATION, OPERATION OR OTHER USE OF THE SOFTWARE. Koch Membrane Systems, Inc. shall have the right to modify the terms of this License or the Software at any time without notice. IN NO EVENT SHALL KOCH MEMBRANE SYSTEMS, INC. BE LIABLE FOR ANY LOSS, DAMAGE, CLAIM, FINE, PENALTY OR ANY OTHER CLAIM, INCLUDING BUT NOT LIMITED TO CLAIMS FOR CONSEQUENTIAL, SPECIAL, GENERAL, INCIDENTAL, DIRECT, INDIRECT, PERSONAL INJURY OR PROPERTY DAMAGES, INCLUDING WITHOUT LIMIT LOSS OF PROFITS, REVENUES, OR OTHER ECONOMIC LOSSES, ARISING FROM OR IN ANY WAY CONNECTED TO THE INSTALLATION, OPERATION OR USE OF THE SOFTWARE. This License shall be governed by the Laws of the Commonwealth of Massachusetts, and any dispute or claim pursuant to this License shall be subject to the exclusive jurisdiction of the courts located in Massachusetts, USA.