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“READ ME” FILE LOCATED WITHIN OR NEAR SUCH MATERIALS AND SERVICES. THE SOFTWARE MAY INCLUDE TECHNOLOGY DESIGNED TO PREVENT UNAUTHORIZED USE AND COPYING. THIS TECHNOLOGY MAY CAUSE YOUR COMPUTER TO CONNECT TO THE INTERNET WITHOUT NOTICE ON INSTALL, LAUNCH, AND ON AN INTERMITTENT OR REGULAR BASIS THEREAFTER. ONCE CONNECTED, THE SOFTWARE WILL TRANSMIT INFORMATION TO METLOGIX VIA AN INTERNET CONNECTION. METLOGIX MAY USE THE TRANSMITTED INFORMATION, AS WELL AS OTHER INFORMATION YOU OUR THIRD PARTIES MAY PROVIDE TO US, TO DETECT OR PREVENT USE OF METLOGIX SOFTWARE THIS IS FRAUDULENT, NOT VALIDLY LICENSED, OR NOT USED IN ACCORDANCE WITH A VALID LICENSE. SOFTWARE THAT FAILS TO CONNECTO TO METLOGIX AND SOFTWARE THAT CONNECTS TO METLOGIX WHOSE USE IS FOUND TO NOT TO BE PERMITTED MAY OFFER ONLY LIMITED FUNCTIONALITY OR MAY NOT OPERATE AT ALL. 1. Definitions “MetLogix” means MetLogix, Incorporated, a Delaware corporation, 175 Canal Street, Manchester, New Hampshire 03101. “MetLogix Runtime(s)” means MetLogix M2, MetLogix M2, MetLogix M1, MetLogix L3, MetLogix L2, MetLogix L1, MetLogix Test Builder, or MetLogix CFR21. “Computer” means a virtual or physical computer device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. “Internal Network” means a private, proprietary network resource accessible only by employees and individual contractors (i.e., temporary employees) or a specific corporation or similar business entity. Internal Network does not include portions of the Internet or any other network community open to the public, such as membership or subscription driven groups, associations, and similar organizations.
“Output File” means an output file you created with the Software.
“Permitted Number” means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by MetLogix.
“Software” means (a) all of the information with which this agreement is provided, including but not limited to: (i) all software files and other computer information. 2. Software License If you obtained the Software and any required serial number(s) from MetLogix or one of its authorized licensees (resellers) and as long as you comply with the terms of this Agreement, MetLogix grants you a non-exclusive license to install and use the Software in a manner consistent with its design and Documentation and as further set forth below. 95
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