JAMES F. WRIGHT, Ph.D Ltd. Co.

"Monte Carlo Risk Analysis and Due Diligence of New Business Ventures"

by James F. Wright, PhD
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SOFTWARE LICENSE AGREEMENT
(This is the license agreement for MCGRA
referenced on the copyright page of the book)



PROPRIETARY AND COPYRIGHTED FILES, INCLUDING "SOFTWARE" NAMED MCGRATM, ARE LOCATED ON THE COMPACT DISK (THE "CD") INSIDE THE BACK COVER OF THE "BOOK" TITLED "MONTE CARLO RISK ANALYSIS AND DUE DILIGENCE OF NEW BUSINESS VENTURES" (ISBN 0-8144-0716-1) WRITTEN BY JAMES F. WRIGHT. ANY PERSON OR ENTITY USING SOFTWARE OR FILES THAT HAVE EITHER BEEN COPIED OR DERIVED FROM THIS CD IS CONSENTING TO BE BOUND BY, AND BECOME A PARTY TO, THIS LICENSE AS THE "LICENSEE."

As used in this License, "Licensor" shall mean James F. Wright, the author of the Book. The Licensor is a resident of Ector County, Texas, and his address of record is listed at his "Web site" http://www.drjfwright.com. The Licensor and Licensee individually and collectively agree to the following facts: The Licensor is the developer and owner of the Software MCGRA (Monte Carlo GaussangularTM Risk Analysis) used as a MACRO to Microsoft Excel. The Licensee must receive a License to use the Software and the Licensor grants this License subject to the terms and conditions set forth below.

1. Restrictions

This License allows the Licensee to use the Software only to help the Licensee learn the concepts presented in the Book and to evaluate their personal investment projects using data derived by the Licensee. Without prior written consent from the Licensor, the Licensee will not:
  1. Allow the Software to be used to evaluate any investment project of businesses, companies, partnerships, corporations, or similar commercial enterprises with more than 5 employees;
  2. Use the Software to evaluate any investment project where the Licensee has less than a seventy-five percent (75%) equity interest;
  3. Use the Software to evaluate any investment project in return for any remuneration including, but not limited to, an interest in the project, or a fee;
  4. Modify or create any derivative works of the Software or documentation, including customization, translation or localization;
  5. Decompile, disassemble, reverse engineer, or otherwise attempt to use the source code for the Software;
  6. Redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Software;
  7. Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software; or
  8. Publish any results of benchmark tests run on the Software to a third party.
2. Fees

There is no license fee for the Software.

3. Proprietary Rights

Title, ownership rights, and intellectual property rights in the Software shall remain in James F. Wright. The Software is protected by copyright and other intellectual property laws and by international treaties. The Licensor is currently pursuing patent rights for processes of which MCGRA is an embodiment.

4. Disclaimer of Warranty

THE SOFTWARE IS PROVIDED FREE OF CHARGE, AND, THEREFORE, ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, JAMES F. WRIGHT'S COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS LICENSE SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

6. Term and Termination

  1. The "Term" of this License shall commence when Software or files from the CD are either used by the Licensee, or copied from the CD by the Licensee, whichever occurs first. The Term of this License shall remain in effect for perpetuity or until "Terminated" as set forth in Section 6(b) below.
  2. Section 6(a) notwithstanding, this License will be Terminated upon any prohibited use as set forth in Section 1 of this License.
  3. Upon termination of the License as described in Section 6(b) the Licensee will immediately lose all rights as a Licensee and become an ex-Licensee.
  4. Once a Licensee becomes an ex-Licensee, the ex-Licensee will immediately and without delay:
    1. Cease using all files from the CD, copied from the CD, or derived from files once copied from the CD.
    2. Destroy the CD, and all copies, electronic or otherwise, of all files including the Software, that have either been copied directly from the CD or derived from files on the CD.
7. Indemnification

The Licensee agrees herewith to indemnify Licensor for any and all expenses, including but not limited to attorney fees, lost consulting fees, and lost License fees, if the Licensee violates any of the restrictions in Section 1.

8. Miscellaneous

  1. Notwithstanding Sections 8(d) and 8(e), this License, including any Exhibits, Schedules or Attachments hereto, sets forth the entire agreement between the Licensor and Licensee (the "Parties") with respect to the subject matter described herein and supersedes all prior or contemporaneous negotiations, understandings and licenses, whether oral or written between the parties concerning the subject matter hereof.
  2. The laws of the State of Texas, U.S.A, shall govern this License. All disputes between the Parties relating to this License are subject to the exclusive jurisdiction of the District Courts of Texas and both Parties expressly consent to the exercise of personal jurisdiction in the courts of Ector County, Texas, in connection with any such dispute including any claim involving the Licensor.
  3. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
  4. This License may be amended and changed by the Licensor alone if the Licensor posts the change on the Web site for a period of 30 days before it becomes part of the License.
  5. Section 8(d) notwithstanding, this License may not be amended except by means of a written document executed by both Parties hereto.
  6. No action or claim relating to this License may be instituted more than one (1) year after the event giving rise to such action or claim.
  7. This License shall not be deemed drafted unilaterally by either Party.
  8. Each Party acknowledges that it has read and understands this License and agrees to be bound by its terms.
9. Licensee Outside of U.S.

If the Licensee is located outside the U.S., then the provisions of this Section shall apply. Les parties aux presentes confirment leur volonte que cette convention de meme que tous les documents y compris tout avis qui s'y rattache, soient rediges en langue anglaise. (translation: "The parties confirm that this License and all related documentation is and will be in the English language.")

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URL=http://www.drjfwright.com/license.html
(Last Modified 10/15/02)