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License Agreement
END USER LICENSE
AGREEMENT
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND
BY THIS LICENSE AGREEMENT BY CLICKING THE BUTTON LABELED "YES" THAT IS DISPLAYED
BELOW. IF YOU DO NOT AGREE TO THIS LICENSE, CLICK THE BUTTON LABELED "NO" AND THE
INSTALLATION WILL BE CANCELED.
LICENSE GRANT
"You" means the person or company who is being licensed to use the Software or Documentation.
"We," "us" and "our" means Sandhills Software and Delta Electronics.
We hereby grant you a nonexclusive license to use one copy of the Software on any
single computer, provided the Software is in use on only one computer at any time.
The Software is "in use" on a computer when it is loaded into temporary memory (RAM)
or installed into the permanent memory of a computer--for example, a hard disk,
CD-ROM or other storage device.
If the Software is permanently installed on the hard disk or other storage device
of a computer (other than a network service) and one person uses that computer more
than 80% of the time, then that person may also use the Software on a portable or
home computer.
TITLE
We remain the owner of all right, title and interest in the Software and related
explanatory written materials ("Documentation").
ARCHIVAL OR BACKUP COPIES
You may copy the Software for back-up and archival purposes, provided that the original
and each copy is kept in your possession and that your installation and use of the
Software does not exceed that allowed in the "License Grant" section above.
THINGS YOU MAY NOT DO
The Software and Documentation are protected by United States copyright laws and
international treaties. You must treat the Software and Documentation like any other
copyrighted material--for example a book. You may not:
- copy the Documentation,
- copy the Software except to make archival or
backup copies as provided above,
- modify or adapt the Software
or merge it into another program,
- reverse engineer, disassemble,
decompile or make any attempt to discover the source code of the Software,
- place the Software onto
a server so that it is accessible via a pubic network such as the Internet, or
- sublicense, rent, lease
or lend any portion of the Software or Documentation.
TRANSFERS
You may transfer all your rights to use the Software and Documentation to another
person or legal entity provided you transfer this Agreement, the Software and Documentation,
including all copies, update and prior versions to such person or entity and that
you retain no copies, including copies stored on computer.
LIMITED WARRANTY
We warrant that for a period of 90 of days after delivery of this copy of the Software
to you:
- the media on which this
copy of the Software is provided to you will be free from defects in materials and
workmanship under normal use, and
- the Software will perform
in substantial accordance with the Documentation.
To the extent permitted by
applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES
OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES
OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON INFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason
to know of your particular needs. No employee, agent, dealer or distributor of ours
is authorized to modify this limited warranty, nor to make any additional warranties.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITED REMEDY
Our entire liability and your exclusive remedy for breach of the foregoing warranty
shall be, at our option, to either:
- return the price you paid, or
- repair or replace the Software or media that does not meet the foregoing warranty.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS,
LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE
OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR
HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER
PARTY.
TERM AND TERMINATION
This license agreement takes effect upon your use of the software and remains effective
until terminated. You may terminate it at any time by destroying all copies of the
Software and Documentation in your possession. It will also automatically terminate
if you fail to comply with any term or condition of this license agreement. You
agree on termination of this license to destroy all copies of the Software and Documentation
in your possession.
CONFIDENTIALITY
The Software contains trade secrets and proprietary know-how that belong to us and
it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF
THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT
ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR
TRADE SECRET RIGHTS.
GENERAL PROVISIONS
1. This written license agreement is the exclusive agreement between you and us
concerning the Software and Documentation and supersedes any prior purchase order,
communication, advertising or representation concerning the Software.
2. This license agreement may be modified only by a writing signed by you and us.
3. This license agreement is governed by the laws of the state of Colorado.
4. You agree that the Software will not be shipped, transferred or exported into
any country or used in any manner prohibited by the United States Export Administration
Act or any other export laws, restrictions or regulations.
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