HomeMy WebLinkAboutContract 51221 CITY SECRETARY 51X-Jo
CONTRACT NO.
RECEIVED ADDENDUM TO FIRE STUDIO LICENSE AND END USER
SEP -6 2018 AGREEMENT
r1TYGFFORT WOnTH BETWEEN
rITYSE'CAETARY
THE CITY OF FORT WORTH
AND
DIGITAL COMBUSTION, INC.
This Addendum to Fire Studio License and End-User Agreement ("Addendum")is entered
into by and between the Digital Combustion,Inc.,a California corporation("Seller")and the City
of Fort Worth("City"), collectively the"parties", for a purchase of licenses.
The Contract documents shall include the following:
1. The Fire Studio License and End-User Agreement; and
2. This Addendum.
Notwithstanding any language to the contrary in the attached Fire Studio License and End-
User Agreement (the "Agreement"), the Parties hereby stipulate by evidence of execution of this
Addendum below by a representative of each party duly authorized to bind the parties hereto,that
the parties hereby agree that the provisions in this Addendum below shall be applicable to the
Agreement as follows:
1. Attorneys' Fees, Penalties, and Liquidated Damages. To the extent the attached
Agreement requires City to pay attorneys' fees for any action contemplated or taken, or penalties
or liquidated damages in any amount, City objects to these terms and any such terms are hereby
deleted from the Agreement and shall have no force or effect.
2. Law and Venue.The Agreement and the rights and obligations of the parties hereto
shall be governed by and construed in accordance with the laws of the United States and state of
Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under the Agreement
shall be in a court of competent jurisdiction in Tarrant County,Texas.To the extent the Agreement
is required to be governed by any state law other than Texas or venue in Tarrant County, City
objects to such terms and any such terms are hereby deleted from the Agreement and shall have
no force or effect.
3. Sovereign Immunity. Nothing herein constitutes a waiver of City's sovereign
immunity. To the extent the Agreement requires City to waive its rights or immunities as a
government entity; such provisions are hereby deleted and shall have no force or effect.
4. Limitation of Indemnity. To the extent the Agreement, in any way, requires City
to indemnify or hold Seller or any third party harmless from damages of any kind or character,
City objects to these terms and any such terms are hereby deleted from the Agreement and shall
have no force or effect.
Addendum to Software License Agreement Page I of 4
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TR
5. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is
understood and agreed that all obligations of City hereunder are subject to the availability of funds.
If such funds are not appropriated or become unavailable,City shall have the right to terminate the
Agreement except for those portions of funds which have been appropriated prior to termination.
6. Confidential Information. City is a government entity under the laws of the State
of Texas and all documents held or maintained by City are subject to disclosure under the Texas
Public Information Act. To the extent the Agreement requires that City maintain records in
violation of the Act,City hereby objects to such provisions and such provisions are hereby deleted
from the Agreement and shall have no force or effect.In the event there is a request for information
marked Confidential or Proprietary, City shall promptly notify Seller. It will be the responsibility
of Seller to submit reasons objecting to disclosure. A determination on whether such reasons are
sufficient will not be decided by City, but by the Office of the Attorney General of the State of
Texas or by a court of competent jurisdiction.
7. Addendum Controlling. If any provisions of the attached Agreement,conflict with
the terms herein,are prohibited by applicable law, conflict with any applicable rule,regulation or
ordinance of City, the terms in this Addendum shall control.
8. Immigration Nationality Act. City actively supports the Immigration&Nationality
Act(INA)which includes provisions addressing employment eligibility,employment verification,
and nondiscrimination. Seller shall verify the identity and employment eligibility of all employees
who perform work under the Agreement. Seller shall complete the Employment Eligibility
Verification Form(I-9),maintain photocopies of all supporting employment eligibility and identity
documentation for all employees, and upon request,provide City with copies of all I-9 forms and
supporting eligibility documentation for each employee who performs work under the Agreement.
Seller shall establish appropriate procedures and controls so that no services will be performed by
any employee who is not legally eligible to perform such services. Seller shall provide City with a
certification letter that it has complied with the verification requirements required by the
Agreement. Seller shall indemnify City from any penalties or liabilities due to violations of this
provision. City shall have the right to immediately terminate the Agreement for violations of this
provision by Seller.
9. No Boycott of Israel. Seller acknowledges that in accordance with Chapter 2270
of the Texas Government Code, City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it:
(1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The
terms"boycott Israel"and"company" shall have the meanings ascribed to those terms in Section
808.001 of the Texas Government Code. By signing this Addendum, Seller certifies that Seller's
signature provides written verification to City that Seller: (1) does not boycott Israel; and(2)will
not boycott Israel during the term of the Agreement.
10. Right to Audit. Seller agrees that City shall, until the expiration of three (3)years
after final payment under the Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Seller involving transactions relating to the
Agreement. Seller agrees that City shall have access during normal working hours to all necessary
Addendum to Software License Agreement Page 2 of 4
Seller facilities and shall be provided adequate and appropriate workspace in order to conduct
audits in compliance with the provisions of this section. City shall give Seller reasonable advance
notice of intended audits.
(signature page follows)
Addendum to Software License Agreement Page 3 of 4
Executed this the;�day of rAQ-` , 2018.
CITY:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the person
} responsible for the monitoring and administration
of this contract,including ensuring all
By: " '[.(/ performance and reporting requirements.
Name: Valerie Washington
Title: Assistant City Manager
Date: I��I By:
Na ichael Kazda
Approval Recommended: Title: Sr.Management Analyst
Approved as to Form and Legality:
By:
Name: ark Rauscher
Title: Assistant Director By:
Ny(me: Jo B. Strr� g
Attest: 'title: Assistapi-City Attorney
ntract Authorization:
* CITY
By:
�'ae: Mary K e ;Q
Tit e: City Secretary
SELLER: *`r
Digital ComburAon,Inc. n-
By: Z)N
Name: Doug Prochnow
Title: CFo
Date: August 31, 2018
Addendum to Software License Agreement _. _ P
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Fire Studio 6 Software License Agreement
(v1.2 June 7th, 2018)
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT("LICENSE") CAREFULLY BEFORE USING THE
DIGITAL COMBUSTION SOFTWARE. BY USING THE DIGITAL COMBUSTION SOFTWARE,YOU ARE
AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF
THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE,
YOU MAY RETURN THE DIGITAL COMBUSTION SOFTWARE WITHIN 60 DAYS OF THE PURCHASE DATE
TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND.ANY AND ALL INSTALLATIONS OF FIRE
STUDIO MUST BE DEACTIVATED AND UNINSTALLED IN ORDER FOR A REFUND TO BE ISSUED.
THIS AGREEMENT IS BETWEEN YOU AND DIGITAL COMBUSTION INC("DC").ACCESS TO OR USE OF DC
SOFTWARE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THIS AGREEMENT'S TERMS. BY
INSTALLING AND/OR USING THE DC SOFTWARE,YOU REPRESENT THAT YOU,AND/OR YOUR
ORGANIZATION, IS CAPABLE OF ENTERING INTO A CONTRACT UNDER THE LAWS OF YOUR
JURISDICTION AND AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS.
DC reserves the right, from time to time, with or without notice to you,to change the terms of this
Agreement.The most current version of this Agreement will supersede all previous versions.
IMPORTANT NOTE:This software may be used to reproduce materials. It is licensed to you only for
reproduction of non-copyrighted materials, materials in which you own the copyright,or materials
you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy
any material,you should contact your legal advisor.
1.General
The DC and any third-party software (including any content),documentation,digital images,clip-art,
sound files, animations,and any videos accompanying this License whether on USB, in read-only
memory,on any other media or in any other form (collectively the "Digital Combustion Software")
are licensed, not sold,to you by DC,for use only under the terms of this License,and DC reserves all
rights not expressly granted to you.You own the media on which the DC Software is recorded but DC
and/or DC's licensor(s) retain ownership of the DC Software itself.The terms of this License will
govern any software upgrades provided by DC that replace and/or supplement the original DC
Software product, unless such upgrade is accompanied by a separate license in which case the terms
of that license will govern. Title and intellectual property rights in and to any content displayed by or
accessed through the DC Software belongs to the respective content owner. Such content may be
protected by copyright or other intellectual property laws and treaties,and may be subject to terms
of use of the third-party providing such content.This License does not grant you any rights to use
such content nor does it guarantee that such content will continue to be available to you.
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2. Permitted License Uses and Restrictions
A. DC Software(Bundle)
Subject to the terms and conditions of this License,you are granted a limited non-exclusive license to
install and use DC Software on one computer per activation granted to you by DC. You may not make
the DC Software available over a network where it could be used by multiple computers at the same
time.You may make copies of the DC Software in machine-readable form for backup purposes only,
provided that the backup copy must include all copyright or other proprietary notices contained on
the original.
B.Activations
DC allows for a set number of Activations per License purchased by the End-User. Unless otherwise
authorized by a duly-appointed employee of Digital Combustion Inc.,the number of Activations
allowed i) is 1 per Fire Studio 6 Instructor Edition license ii) is 1 per Fire Studio 6 Player Edition license
iii) is 1 per Communication Link 6 license.Activation is conducted using a License ID provided by
Licensor upon purchase of software license(s). Activations and licenses are not synonymous. In no
way does the allowance of added Activations allow for more simultaneous instances of DC Software
running than number of licenses purchased. Activations are in use when the End-User's License ID
has been entered/provided for validation or authorization of software installation. Activations may
be returned to the End-User automatically if correct"de-activation" procedures are followed,or at
the discretion of DC. Licensor shall not be held responsible for lost or stolen software License IDs,or
any other codes or passwords used for the purpose of software activation. Licensor shall also not be
held accountable for lost, damaged, or stolen installations or activations due to End-User's
equipment failure, a failure to follow correct installation and/or activation procedures, unsupported
installation methods such as remote or network logins/installations or virtual machine environments,
nor for any other reason where End-User is reasonably responsible.
C. Restrictions
You may not lease, rent, sublicense, publish, modify, patch,adapt or translate DC Software.You may
not reverse engineer,decompile or disassemble DC Software, create DC Software derivative works, or
attempt to create DC Software source code from its object code.You may not(i) use any illegal,
counterfeit or modified hardware or software with DC Software; (ii)attempt to bypass,disable or
circumvent any License System encryption, security or authentication mechanism; (iii)violate any
laws, regulations or statutes or rights of DC or third-parties in connection with your access to or use
of DC Software; (iv)obtain DC Software in any manner other than through DC's authorized
distribution methods; or(v)exploit DC Software in any manner other than to use it with your
computer according to the accompanying documentation and with authorized software or
hardware.
These restrictions will be construed to apply to the greatest extent permitted by the law in your
jurisdiction.
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D.Commercial Use
Use of,or as result of using this software,the animation(s), picture(s)or other art provided in the
software,cannot be used, displayed or distributed in any form for commercial purpose(s), unless End-
User or subsequent user is given express written permission from Digital Combustion, Inc. If you feel
your use of the DC Software would fall under the terms of this section, please contact Digital
Combustion by phone, email, or written letter to discuss issuance of written permission. Contact
Digital Combustion early in your process. We have many individuals, institutions or organizations
that use our software for commercial purposes. Please contact us for further information or support
in these matters.
3.Transfer
You may not rent, lease, lend, sell for profit, redistribute or sublicense the DC Software.You may,
however, make a one-time permanent transfer of all of your license rights to the DC Software to
another party, provided that: (a)the transfer must include all of the DC Software, including all its
component parts,original media, printed materials and this License; (b)you do not retain any copies
of the DC Software,full or partial, including copies stored on a computer or other storage device; and
(c)the party receiving the DC Software reads and agrees to accept the terms and conditions of this
License. All components of the DC Software are provided as part of a bundle and may not be
separated from the bundle and distributed as standalone applications.
Updates: From time to time, DC, may,at its sole discretion,advise the End-User of updates, upgrades,
enhancements,or improvements to the Software (collectively, "Updates"), and may license the End-
User to use such Updates upon payment of prices as may be established by DC from time to time. All
such Updates to the software provided to the End-User shall also be governed by the terms of this
License.
STAND-ALONE UPGRADES: IF A DC SOFTWARE UPDATE OR UPGRADE REQUIRES A FULL
INSTALLATION,ALSO REFERRED TO AS A"STAND-ALONE UPGRADE,"YOU MAY NOT USE BOTH
VERSIONS OF THE DC SOFTWARE AT THE SAME TIME NOR MAY YOU TRANSFER THEM
SEPARATELY. WHEN UPGRADING TO A NEW, FULL VERSION,YOUR LICENSE FOR THE OLDER VERSION
IS TERMINATED AND MAY NO LONGER BE USED, NOR WILL IT BE SUPPORTED BY DC. UPON
TERMINATION OF THE PRIOR LICENSE,YOU SHALL CEASE ALL USE OF THE DC SOFTWARE AND
DESTROY ALL COPIES, FULL OR PARTIAL,OF THE DC SOFTWARE. BY MEANS OF EXAMPLE, IF YOU
UPGRADE YOUR CURRENT FIRE STUDIO 5 LICENSE TO FIRE STUDIO 6,YOU MAY NO LONGER USE FIRE
STUDIO 5.
NFR (Not for Resale)Copies: Notwithstanding other sections of this License, DC Software labeled or
otherwise provided to you on a promotional basis may only be used for demonstration,testing and
evaluation purposes and may not be resold or transferred.
Academic Copies: If the DC Software package has an academic label or if you acquired the DC
Software at an academic discount,you must be an Eligible Educational End User to use the DC
Fire Studio 6 Page 3A
Software. "Eligible Educational End User"means students,faculty,staff and administration attending
and/or working at an educational institutional facility(i.e.,college campus, public or private K-12
schools). DC Software labeled or otherwise provided to you as an academic License may not be
resold for profit or transferred,except to an individual for personal, non-commercial use,or to a
volunteer department,for use at volunteer department's facility. Under no circumstance must the
resale price, if any, exceed the original purchase cost.
Promotional Licenses: If your License of the DC Software was acquired at a promotional discounted
rate,the License may not be resold for profit or transferred,except to an individual for personal, non-
commercial use,or to an educational institutional facility. Under no circumstance must the resale
price, if any, exceed the original purchase cost.
Personal Licenses: If your DC Software is acquired at a personal discount,you may only install and
activate the License on a computer owned personally by you and not by the agency whom you work
for, commercial,government,volunteer, or otherwise. DC Software labeled or otherwise provided to
you as a personal License may not be resold for profit or transferred,except to an individual for
personal, non-commercial use,to a volunteer department, or to an educational institutional
facility. Under no circumstance must the resale price, if any,exceed the original purchase cost.
4.Consent to Use of Data
You agree that DC and its third-party license-activation partners may collect and use technical and
related information, including but not limited to technical information about your computer, system
and application software, and peripherals,that is gathered periodically to facilitate the provision of
software updates, product support and other services to you (if any) related to the DC Software, and
to verify compliance with the terms of this License. DC may use this information, as long as it is in a
form that does not personally identify you,to improve our products or to provide services or
technologies to you.
S. Internet Features
Using DC Software features that require access to an Internet connection ("Internet Features") may
require you to obtain wired or wireless Internet service from a third-party internet service provider
("Internet Service Provider"). Internet access may NOT be available at your location, be free of charge
or free from interruption or disconnections. If you wish to obtain Internet Service Provider services
for your computer system,you must enter into the necessary Internet Service Provider agreements
for those services.You are responsible for all fees incurred in connection with access to or use of the
Internet. Certain Internet Features may operate depending upon Internet connection factors not
under DC's control. Browsing websites, playing programs or downloading programs or data may
result in viruses, loss or corruption of data or other problems,and you assume all responsibilities and
consequences resulting from engaging in these activities through your computer system.
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6.Termination
This License is effective until terminated.Your rights under this License will terminate automatically
without notice from DC if you fail to comply with any term(s)of this License. Upon the termination of
this License,you shall cease all use of the DC Software and destroy all copies,full or partial,of the DC
Software.
7. Limited Warranty on Media
DC warrants the media on which the DC Software is recorded and delivered by DC to be free from
defects in materials and workmanship under normal use for a period of sixty(60)days from the date
of original purchase.Your exclusive remedy under this Section shall be, at DC's option, a refund of the
purchase price of the media containing the DC Software or replacement of the media, either of which
requires returning defective media to DC or a DC authorized representative with a copy of the
receipt.THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT
NOT LIMITED TO,THE IMPLIED WARRANTIES OF MERCHANTABILITY,OF SATISFACTORY QUALITY,AND
OF FITNESS FOR A PARTICULAR PURPOSE,ARE LIMITED IN DURATION TO SIXTY(60) DAYS FROM THE
DATE OF ORIGINAL RETAIL PURCHASE.SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS,SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.THE
LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN
LIEU OF ANY OTHER WARRANTIES(IF ANY)CREATED BY ANY DOCUMENTATION OR PACKAGING.THIS
LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,AND YOU MAY ALSO HAVE OTHER RIGHTS
WHICH VARY BY JURISDICTION.
8. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT,TO THE EXTENT PERMITTED BY APPLICABLE LAW,
USE OF THE DC SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY
QUALITY, PERFORMANCE,ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED
WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW,THE DC SOFTWARE IS PROVIDED"AS IS",WITH ALL FAULTS AND WITHOUT
WARRANTY OF ANY KIND,AND DC AND DC'S LICENSORS(COLLECTIVELY REFERRED TO AS"DC" FOR
THE PURPOSES OF SECTIONS 7 and 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
RESPECT TO THE DC SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO,THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF
SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE,OF ACCURACY, OF QUIET
ENJOYMENT,AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. DC DOES NOT WARRANT AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE DC SOFTWARE,THAT THE FUNCTIONS CONTAINED
IN THE DC SOFTWARE WILL MEET YOUR REQUIREMENTS,THAT THE OPERATION OF THE DC
SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE DC SOFTWARE WILL
BE CORRECTED.YOU FURTHER ACKNOWLEDGE THAT THE DC SOFTWARE IS NOT INTENDED OR
SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF,OR ERRORS OR
INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY THE DC SOFTWARE COULD
LEAD TO DEATH, PERSONAL INJURY,OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE,
INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES,AIRCRAFT NAVIGATION
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OR COMMUNICATION SYSTEMS,AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DC OR A DC AUTHORIZED REPRESENTATIVE
SHALL CREATE A WARRANTY.SHOULD THE DC SOFTWARE PROVE DEFECTIVE,YOU ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY
RIGHTS OF A CONSUMER,SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL DC BE LIABLE FOR
PERSONAL INJURY,OR ANY INCIDENTAL,SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA,
BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES,ARISING OUT OF OR
RELATED TO YOUR USE OR INABILITY TO USE THE DC SOFTWARE, HOWEVER CAUSED, REGARDLESS
OF THE THEORY OF LIABILITY(CONTRACT,TORT OR OTHERWISE)AND EVEN IF DC HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF
LIABILITY FOR PERSONAL INJURY,OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,SO THIS
LIMITATION MAY NOT APPLY TO YOU. In no event shall DC's total liability to you for all damages
(other than as may be required by applicable law in cases involving personal injury) exceed the
amount of the purchased License.The foregoing limitations will apply even if the above stated
remedy fails of its essential purpose.
10. Export Control
You may not use or otherwise export or re-export the DC Software except as authorized by the law of
the country wherein you have purchased or received the DC Software. In particular, but without
limitation,the DC Software may not be exported or re-exported (a) into any U.S.embargoed
countries or(b)to anyone on the U.S.Treasury Department's list of Specially Designated Nationals or
the U.S. Department of Commerce Denied Person's List or Entity List. By using the DC Software,you
represent and warrant that you are not located in any such country or on any such list. You also
agree that you will not use these products for any purposes prohibited by United States law,
including,without limitation,the development,design, manufacture or production of missiles,
nuclear,chemical or biological weapons; regardless of whether you reside within the United States or
not.
11.Government End Users
The DC Software and related documentation are "Commercial Items",as that term is defined at 48
C.F.R. §2.101,consisting of"Commercial Computer Software" and"Commercial Computer Software
Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.
Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4,as applicable,the
Commercial Computer Software and Commercial Computer Software Documentation are being
licensed to U.S. Government end users (a) only as Commercial Items and (b)with only those rights as
are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights
reserved under the copyright laws of the United States.
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12. Controlling Law and Severability
This License will be governed by and construed in accordance with the laws of the California,and
shall inure to the benefit of Licensor and End-User and their successors,assigns and legal
representatives. If any provision of this License is held by a court of competent jurisdiction to be
invalid or unenforceable to any extent under applicable law,that provision will be enforced to the
maximum extent permissible and the remaining provisions of this License will remain in full force and
effect.Any notices or other communications to be sent to Licensor must be mailed first class, postage
prepaid,to the following address: Digital Combustion, Inc.,A California Corporation,9121 Atlanta
Ave.#705 Huntington Beach, CA 92646. PH: 800-884-8821
13. Complete Agreement;Governing Language
This License constitutes the entire agreement between you and DC relating to the DC Software and
supersedes all prior or contemporaneous understandings regarding such subject matter. No
amendment to or modification of this License will be binding unless in writing and signed by DC.Any
translation of this License is done for local requirements and in the event of a dispute between the
English and any non-English versions,the English version of this License shall govern to the extent not
prohibited by local law in your jurisdiction.
14.Third-Party Software License
This Software is copy-protected by Third-Party Software. Installation of the computer program(s)will
also install this Third-Party Copy Protection and will control the trial of the Fire Studio 6 software and
activation process. Directly after installing the Fire Studio 6 program the software will operate with
some features disabled;this is the default "trial' mode. By default,the disabled features include the
"Save," "Load,"and "Export"functions.A limited time trial of a full version is possible with a special
"full trial" license ID provided by the Digital Combustion. It will provide a limited time frame for use of
the full version before a new ID is required for extended use on your computer. Call or contact Digital
Combustion, Inc.for more information to activate as"full trial'or to activate after purchase if you did
not receive License(s)electronically at purchase time. Call 1-800-884-8821 or via email at
support@digitalcombustion.com.
15.Third Party Acknowledgements
Portions of the DC Software utilize or include third party software and other copyrighted material.
Acknowledgements, licensing terms and disclaimers for such material accompany such material, and
your use of such material is governed by their respective terms.
Acknowledgment
BY INSTALLING THIS SOFTWARE,THE END-USER ACKNOWLEDGES THAT IT HAS READ THIS LICENSE,
UNDERSTANDS IT,AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. Should you have any
questions concerning this License, contact DC by letter at 9121 Atlanta Ave.#705 Huntington Beach,
CA. 92646 or email at support@digitalcombustion.com.
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