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This is an agreement between Licensor and Licensee, who is being licensed to use UCLUST and USEARCH, hereinafter the Software, under the conditions specified herein. This License permits Licensee to install and use the Software, provided that the use is not for profit as defined herein. For profit means any activity, product or service for which Licensee is compensated or could reasonably expect future compensation. Use by not-for-profit corporations and accredited educational institutions in connection with activities that are exempt from income taxes are not for profit.. Licensee acknowledges that this is only a limited nonexclusive license that grants no rights of ownership or title. Rights and obligations under this Agreement are granted and accepted at no charge to either party. Should Licensee violate the terms of this Agreement, Licensor reserves the right, without limitation, to charge fees and seek other remedies. Licensee may make copies of the Software for backup purposes. Licensee will not allow copies of the Software to be made by others. Licensee agrees to exercise due care in fulfilling Licensee's obligations in this Agreement, including but not limited to ensuring that no copy of the Software installed by Licensee is accessible via the internet. Licensee may make not for profit services that use the Software accessible via the internet. To the maximum extent permitted by applicable law, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE'S USE OF THIS SOFTWARE. Licensor has the right to terminate this License Agreement and Licensee's right to use this Software upon any material breach by Licensee. Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software. |