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Dawnstar License
 
Introduction

PLEASE READ THIS LICENSE CAREFULLY BEFORE PURCHASING THIS SOFTWARE. BY
DOWNLOADING THIS SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF
THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT
DOWNLOAD OR USE THIS SOFTWARE.

THIS LICENSE IS SUBJECT TO CHANGE WITHOUT NOTICE.

The computer program(s) ("Software") is licensed, not sold, to you by
Dawnstar, LLC ("Dawnstar") for use only under the terms of this
License, and Dawnstar reserves any rights not expressly granted to
you. You own the media on which the Software is recorded or fixed, but
Dawnstar retains ownership of the Software itself.

1. License.

This License allows you to:

a. Use one copy of the Software on a single computer. Loading the
Software into the memory of a computer, with the intention of causing
any portion of the Software to be executed, is considered "use" of the
Software. For example, editing the Software source code is NOT
"use". However, placing the Software in a webserver is most likely
"use".

b. Make any necessary copies of the Software in machine readable form
solely for backup purposes. As an express condition of this License,
you must reproduce on each copy any copyright notice or other
proprietary notice that is on the original copy supplied by Dawnstar.

c. Store or install the Software on a storage device (e.g., a network
server or terminal server) which is used only to run or install the
Software on your other server computers over an internal
network. However, you must acquire and dedicate a license for each
separate server computer on which the Software is run or installed
from the storage device. The Software license may not be shared or
used concurrently on different server computers.

d. Notwithstanding any other terms in this License, if the Software is
licensed as an upgrade or update, then you may only use the Software
to replace previously validly licensed versions of the same
Software. You agree that the upgrade or update does not constitute the
granting of a second license to the Software (i.e., you may not use
the upgrade or update in addition to the Software it is replacing, nor
may you transfer the Software which is being replaced to a third
party).

2. Restrictions.  a. This Software is open-source. You may modify it
to suit your needs. You may also integrate or incorporate the Software
into other programs ("derivative works"). However, you may not rent,
lease, loan or sell any part of the Software, any modified versions of
the Software, or any derivative works based on the Software without
Dawnstar's prior written consent.

b. The Software is not intended for use in the operation of nuclear
facilities, aircraft navigation, air traffic control, or other
environments in which the failure of the Software could lead to death,
personal injury, or severe physical or environmental damage.

c. You may not transfer or assign your rights under this license to
another party without Dawnstar's prior written consent.

3. Termination.  This License is effective until terminated. This
License will terminate immediately without notice from Dawnstar or
judicial resolution if you fail to comply with any provision of this
License. Upon such termination you must destroy the Software, all
accompanying written materials and all copies thereof, and Sections 5,
6, and 7 will survive any termination or cancellation of this License.

4. Export Law Assurances.  You may not use or otherwise export or
reexport the Software except as authorized by United States law and
the laws of the jurisdiction in which the Software was obtained. In
particular, but without limitation, the Software may not be exported
or reexported (i) into (or to a national or resident of) any
U.S. embargoed country or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nations or the
U.S. Department of Commerce's Table of Denial Orders. By using the
Software you represent and warrant that you are not located in, under
control of, or a national or resident of any such country or on any
such list.

5. Limited Warranty.  Dawnstar warrants for a period of sixty (60)
days from your date of purchase that (i) the media provided by
Dawnstar, if any, on which the Software is recorded will be free from
defects in materials and workmanship under normal use, and (ii) the
Software as provided by Dawnstar will substantially conform to
Dawnstar's published specifications for the Software. Dawnstar's
entire liability and your sole and exclusive remedy for any breach of
the foregoing limited warranty will be, at Dawnstar's option,
replacement of the media, refund of the purchase price or repair or
replacement of the Software.

This limited warranty is the only warranty provided by Dawnstar and
Dawnstar expressly disclaims all other warranties, conditions or other
terms, either express or implied, including but not limited to implied
warranties, conditions or other terms of merchantability, satisfactory
quality and fitness for a particular purpose with regard to the
Software and accompanying written materials.

Furthermore, there is no warranty against interference with your
enjoyment of the Software or against infringement of third party
proprietary rights by the Software. Because some jurisdictions do not
allow the exclusion or limitation of implied warranties, the above
limitation may not apply to you. The terms of this disclaimer and the
limited warranty under this section (5) do not affect or prejudice the
statutory rights of a consumer acquiring the Software otherwise than
in the course of a business, neither do they limit or exclude any
liability for death or personal injury caused by Dawnstar's
negligence.

6. Limitation of Remedies and Damages.  In no event will Dawnstar, its
parent or subsidiaries or any of the licensors, directors, officers,
employees or affiliates of any of the foregoing be liable to you for
any consequential, incidental, indirect or special damages whatsoever
(including, without limitation, damages for loss of business profits,
business interruption, loss of business information and the like),
whether foreseeable or unforeseeable, arising out of the use of or
inability to use the Software or accompanying written materials,
regardless of the basis of the claim and even if Dawnstar or a
Dawnstar representative has been advised of the possibility of such
damage. Dawnstar's liability to you for direct damages for any cause
whatsoever, and regardless of the form of the action, will be limited
to the greater of $50 (U.S.) or the money paid for the Software that
caused the damages. The parties agree that this limitation of remedies
and damages provision shall be enforced independently of and survive
the failure of essential purpose of any warranty remedy.

This limitation will not apply in case of personal injury caused by
Dawnstar's negligence only where and to the extent that applicable law
requires such liability. Because some jurisdictions do not allow the
exclusion or limitation of liability for consequential or incidental
damages, the above limitation may not apply to you.

7. General.  If there is a local subsidiary of Dawnstar in the country
in which this License was purchased, then the local law in which the
subsidiary sits shall govern this License. Otherwise, this License
shall be governed by the laws of the United States and the
Commonwealth of Virginia. The parties agree that the United Nations
Convention on Contracts for the International Sale of Goods (1980), as
amended, is specifically excluded from application to this
License. This License constitutes the entire agreement between you and
Dawnstar concerning the subject matter, and any proposals for
additional or different terms, including but not limited to the terms
set forth in any purchase order, are hereby rejected. Any waiver or
amendment of any provision of this License shall be effective only if
in writing and signed by both you and Dawnstar. If any provision of
this License shall be held by a court of competent jurisdiction to be
contrary to 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. If the Software is supplied to the United
States Government, the Software is classified as "restricted computer
Software" as defined in clause 52.227-19 of the FAR. The United States
Government's rights to the Software are as provided in clause
52.227-19 of the FAR.