LICENSE AGREEMENT ORCA This agreement governs the download, installation or use of the Software (as defined below) and any updates to the Software, regardless of the delivery mechanism. The Software is a collective work under U.S. Copyright Law. Subject to the following terms, Blair Zajac grants to the user ("User") a license to this collective work pursuant to the GNU General Public License. By downloading, installing or using the Software, User agrees to the terms of this agreement. 1. THE SOFTWARE. Orca is a modular data plotting tool consisting of several software components. The end user license agreement for each component is located in the component's source code. This agreement does not limit User's rights under, or grant User rights that supersede, the license terms of any particular component. 2. INTELLECTUAL PROPERTY RIGHTS. The Software and each of its components, including the source code, documentation, appearance, structure and organization are copyrighted by Blair Zajac and others and are protected under copyright and other laws. Title to the Software and any component, or to any copy, modification, or merged portion shall remain with the aforementioned, subject to the applicable license. 3. LIMITED WARRANTY. Except as specifically stated in this agreement or a license for a particular component, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE AND THE COMPONENTS ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Blair Zajac does not warrant that the functions contained in the Software will meet User's requirements or that the operation of the Software will be entirely error free or appear precisely as described in the accompanying documentation. USE OF THE SOFTWARE IS AT USER'S OWN RISK. 4. LIMITATION OF REMEDIES AND LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FEDORA PROJECT AND RED HAT WILL NOT BE LIABLE TO USER FOR ANY DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST SAVINGS ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF FEDORA PROJECT OR RED HAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 5. EXPORT CONTROL. As required by U.S. law, User represents and warrants that it: (a) understands that the Software is subject to export controls under the U.S. Commerce Department's Export Administration Regulations ("EAR"); (b) is not located in a prohibited destination country under the EAR or U.S. sanctions regulations (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria); (c) will not export, re-export, or transfer the Software to any prohibited destination, entity, or individual without the necessary export license(s) or authorizations(s) from the U.S. Government; (d) will not use or transfer the Software for use in any sensitive nuclear, chemical or biological weapons, or missile technology end-uses unless authorized by the U.S. Government by regulation or specific license; (e) understands and agrees that if it is in the United States and exports or transfers the Software to eligible end users, it will, as required by EAR Section 741.17(e), submit semi-annual reports to the Commerce Department's Bureau of Industry & Security (BIS), which include the name and address (including country) of each transferee; and (f) understands that countries other than the United States may restrict the import, use, or export of encryption products and that it shall be solely responsible for compliance with any such import, use, or export restrictions. 6. GENERAL. If any provision of this agreement is held to be unenforceable, that shall not affect the enforceability of the remaining provisions. This agreement shall be governed by the laws of the State of Califonria and of the United States, without regard to any conflict of laws provisions, except that the United Nations Convention on the International Sale of Goods shall not apply. Copyright (C) 1998-2004 Blair Zajac. All rights reserved.