Software License Agreement for Visual Thought
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PLEASE CAREFULLY READ THIS SOFTWARE LICENSE AGREEMENT BEFORE LOADING THE
SOFTWARE ONTO YOUR COMPUTER.  BY LOADING OR USING THE SOFTWARE YOU ACKNOWLEDGE
ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.  IF YOU DO NOT AGREE
WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY RETURN THE ENTIRE
PACKAGE TO CONFLUENT, INC. OR THE LOCATION FROM WHICH YOU OBTAINED IT FOR A
FULL REFUND.

1. Definition.

The term "Software" shall mean the computer programs and any related
documentation and materials in this package, and any upgrades, copies, and
modifications thereto.

2. Grant of License.

Subject to the terms and conditions of this Agreement, Confluent hereby grants
you a non-exclusive license to use the Software on a single-user, multi-user,
or networked system.  You may not run the Software more than once
simultaneously.  If you wish to run the Software more than once
simultaneously, you must purchase an additional license for each simultaneous
use.

3. Term and Termination

This license is effective until terminated.  You may terminate it at any other
time by destroying the Software and any copies.  This license will also
terminate upon conditions set forth elsewhere in this Agreement or if you fail
to comply with any term or condition.  Upon such termination you agree to
destroy the Software and any copies.

4. Proprietary Rights

You acknowledge that the Software is the sole and exclusive property of
Confluent.  By accepting this Agreement, you do not become the owner of the
Software, but you do have the non-exclusive right to use the Software in
accordance with this Agreement.  You agree that the structure and organization
of the Software constitute valuable trade secrets of Confluent, and you agree
to hold such trade secrets in confidence.  You agree to not, directly or
indirectly, disassemble, decompile, reverse-engineer, make derivations of,
translate, adapt, modify or alter, the Software, in whole or in part, or do
any other act to ascertain the design, structure, and/or organization of the
Software.  You agree not to attempt to evade or break the protection mechanism
of the Software.

5. Limited Warranty

Confluent warrants only (a) that the media on which the Software is furnished
and protection device will be free from defects in materials and workmanship
under normal use for a period of 90 days from the date of delivery to you and
(b) that the Software will operate substantially as described in the
accompanying documentation during that 90 day period.

YOU MUST, HOWEVER, ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE
SOFTWARE TO ACHIEVE YOUR INTENDED PURPOSES, FOR THE PROPER INSTALLATION AND
USE OF THE SOFTWARE AND FOR VERIFYING THE RESULTS OBTAINED FROM USE OF THE
SOFTWARE.  CONFLUENT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE PROGRAM IS FIT FOR ANY
PARTICULAR PURPOSE OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED
OR ERROR FREE.

Should you discover a defect in the recording medium or protection device or
an error in the Software within the 90 day warranty period, then return the
defective item to Confluent.  Include a copy of your receipt or other proof
that the 90 day warranty period has not expired.  Confluent will, upon
verification of the defect or error, either repair or replace the defective
item or refund the amount paid.

CONFLUENT DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED WITH
RESPECT TO THE SOFTWARE AND RELATED MATERIALS, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, OR ANY WARRANTY
THAT THE SOFTWARE DOES NOT INFRINGE ON THIRD PARTY RIGHTS.

6. Limitation of Liability

You agree that Confluent's sole and entire liability, at Confluent's option,
shall be limited to the replacement of the Software or a refund of the
purchase price.

You are responsible for paying any sales or use tax imposed at any time
whatsoever on the license of the Software.

IN NO EVENT SHALL CONFLUENT BE LIABLE FOR ANY INCIDENTAL, DIRECT OR INDIRECT,
SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST
PROFITS, REVENUE, GOOD WILL, OR LOSS OF USE) ARISING OUT OF OR WITH RESPECT TO
THE SOFTWARE AND RELATED MATERIALS OR ARISING OUT OF THIS AGREEMENT OR FROM
NEGLIGENCE, EVEN IF CONFLUENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.

7. Transferability

You may transfer or assign your rights under this Agreement to a third party
("Transferee").  At the time of the transfer, you must transfer all copies of
the Software to the Transferee, destroying any copies not transferred.  The
Transferee must notify Confluent of the transfer in writing and must agree, in
writing, to all terms and conditions of this Agreement before taking
possession of the Software.

8. Export

You agree to promptly register this Agreement if the laws or regulations of
any country in which the Software is used requires its registration for any
purpose.  You agree to comply with all applicable U.S. export controls.

9. Government

In the event the Federal Acquisition Regulations ("FAR") or DFARS is
applicable to this Agreement, the Software is provided only with "Restricted
Rights" as defined in 52.227-19 or 252.227-7013(c)(1)(ii), respectively, as
applicable.

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws
of the State of California, excluding (1) that body of law known as conflicts
of law and (2) the U.N. Convention for Contracts for the International Sale of
Goods.  Any terms or conditions of this Agreement found to be unenforceable or
illegal will be deleted, but will not affect the remaining terms and
conditions of this Agreement.

11. General

Any amendment to this Agreement shall be in writing and signed by authorized
representatives of each party.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO
BE BOUND BY ITS TERMS AND CONDITIONS.  YOU FURTHER AGREE THAT IT IS THE
COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND CONFLUENT
RELATING TO THE USE OF THE SOFTWARE.

If you have any questions, contact Confluent at:

Confluent, Inc.
400 Spear St., Suite 207
San Francisco, CA 94105
415-764-1000 tel * 415-764-1008 fax
info@confluent.com
