License
=======
1. General. The software, documentation and any fonts accompanying this License
whether on disk, in read only memory, on any other media or in any other form (collectively the “Software”) are licensed, not sold, to you by Jean-Marc Mercier 
(“the author”) for use only under the terms of this License, and the author reserves all rights not expressly granted to you. The rights granted herein are limited to 
the author’s intellectual property rights in the the author Software and do not include any other patents or
intellectual property rights. You own the media on which the the author Software is
recorded but the author and/or the author’s licensor(s) retain ownership of the Software
itself.

2. Permitted License Uses and Restrictions. This License allows you to install and use
one (1) copy of the Software on a single device or computer at a time. This License
does not allow the Software to exist on more than one such device or computer at a
time, and you may not make the Software available over a network where it could be
used by multiple devices or multiple computers at the same time. You may make one copy of the Software in machine-readable form for backup purposes only; 
provided that the backup copy must include all copyright or other proprietary notices contained on the original.
Except as and only to the extent expressly permitted in this License or by applicable
law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive
the source code of, modify, or create derivative works of the Software or any part
thereof. Any attempt to do so is a violation of the rights of the author and its licensors of
the Software. If you breach this restriction, you may be subject to prosecution and
damages.
THE SOFTWARE IS NOT INTENDED FOR USE IN WHICH THE FAILURE OF
THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE
PHYSICAL OR ENVIRONMENTAL DAMAGE.

3. Transfer. You may not rent, lease, lend or sublicense the Software. You may, however, make a one-time permanent transfer of all of your license rights to the Software
to another party, provided that: (a) the transfer must include all of the Software,
including all its component parts, original media, printed materials and this License;
(b) you do not retain any copies of the Software, full or partial, including copies stored
on a computer or other storage device; and (c) the party receiving the Software reads
and agrees to accept the terms and conditions of this License.

4. Termination. This License is effective until terminated. Your rights under this
License will terminate automatically without notice from the author if you fail to comply
with any term(s) of this License. Upon the termination of this License, you shall cease
all use of the the author Software and destroy all copies, full or partial, of the the author
Software.

5. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE
THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE
ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY
AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON
MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS
AND WITHOUT WARRANTY OF ANY KIND, AND DANGER AND DANGER’S
LICENSORS (COLLECTIVELY REFERRED TO AS “DANGER” FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY,
OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY
RIGHTS. DANGER DOES NOT WARRANT AGAINST INTERFERENCE WITH
YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERRORFREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DANGER SHALL
CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY
RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS
MAY NOT APPLY TO YOU.

6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
EVENTSHALL DANGER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR
USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE)
AND EVEN IF DANGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF
LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event
shall the author’s total liability to you for all damages (other than as may be required by
applicable law in cases involving personal injury) exceed the amount of fifty dollars
($50.00). The foregoing limitations will apply even if the above stated remedy fails of
its essential purpose.

7. Controlling Law and Severability and Choice of Forum. This License will be governed by and construed in accordance with the laws of the France, as
applied to agreements entered into and to be performed entirely within France
This is the Title of the Book, eMatter Edition
Copyright © 2004 O’Reilly & Associates, Inc. All rights reserved.
Classic Proprietary License | 119
between France residents, that is, without giving any effect to the choice of laws
provisions of the France. This License shall not be governed by the United
Nations Convention on Contracts for the International Sale of Goods, the application
of which is expressly excluded. If for any reason a court of competent jurisdiction finds
any provision, or portion thereof, to be unenforceable, the remainder of this License
shall continue in full force and effect. You agree that the only courts in which You will
bring lawsuits concerning the application or enforcement of this License are courts of
competent jurisdiction located in the France and you consent to the exercise of jurisdiction by any such court. This paragraph shall survive in full force and
effect regardless of any termination of this License.

Contact
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jean-marc.mercier@mpg-partners.com
