License Agreement

BY INSTALLING THIS PRODUCT, END USER ACKNOWLEDGES HAVING READ AND AGREED TO THIS CONTRACT.

SPARTAN DAIRY RATION EVALUATOR/BALANCER, VERSION 3 END USER LICENSE

Notification of Copyright: “Spartan Dairy Ration Evaluator/Balancer version 3” (Spartan Dairy 3) means the full, integrated package of software, graphic, and video material contained on this CD, and any associated documentation; Copyright 2010 Board of Trustees of Michigan State University and its licensors.

Permitted Uses: Michigan State University ("MSU") grants you, as "End User," the right to use one copy of Spartan Dairy 3 on one host computer (a single-user computer, terminal, or workstation). You may permanently transfer your license to use Spartan Dairy 3 by delivering the original CD and materials comprising the CD package, including this Agreement, to a third party, and by simultaneously destroying all copies of Spartan Dairy 3 in your possession. Such transfer terminates your license to use Spartan Dairy 3. The new recipient of Spartan Dairy 3 accepts this Agreement and is licensed under the terms of this Agreement upon initially using Spartan Dairy 3.

Prohibited Uses: You may not make copies of Spartan Dairy 3; rent, lease, sub-license, decompile, disassemble, or reverse-engineer the Spartan Dairy 3 materials without the prior express written consent of MSU; or remove or obscure the Board of Trustees of MSU copyright notices or those of its licensors.

Intellectual Property: Spartan Dairy 3 is a proprietary product of MSU and is protected by copyright laws and international treaty. This Agreement is a legal contract between you, as End User, and the Board of Trustees of MSU governing your use of Spartan Dairy 3. If you do not wish to comply with the terms of this Agreement, promptly return the complete software program package, including all written materials, to the source from which
you obtained this product. If you have any questions concerning this Agreement, please contact MSU Technologies, 325 E. Grand River Ave., East Lansing, MI 48823. MSU retains title to Spartan Dairy 3, including without limitation the software, graphic, and video materials and any associated documentation. You agree to use reasonable efforts to protect the Software from unauthorized use, reproduction, distribution, or publication. All rights not specifically granted in this License Agreement are reserved by MSU.

Warranty: MSU MAKES NO WARRANTY, EXPRESS OR IMPLIED, TO END USER OR TO ANY OTHER PERSON OR ENTITY. SPECIFICALLY, MSU MAKES NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OF Spartan Dairy 3. MSU WILL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES, EVEN IF MSU OR ITS EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MSU LIABILITY FOR ANY DAMAGES TO END USER OR ANY PERSON EVER EXCEED THE FEE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM.

General: If any provision of this Agreement is unlawful, void, or for any reason unenforceable, it shall be deemed severable from, and shall in no way affect the validity or enforceability of the remaining provisions of this Agreement. This Agreement shall be governed by Michigan Law.

MSU is an affirmative action/equal opportunity employer.