OPTO 22 LICENSE AGREEMENT
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1. suppliers copyright notices and Government end user rights notices You may not i modify translate reverse engineer decompile disassemble except to the extent applicable laws specifically prohibit such restrictions or create derivative works based on the Software or any portion thereof or Documentation ii copy the Software except for back up purposes or Documentation iii rent or lease the Software or Documentation iv remove any proprietary notices or labels on the Software or Documentation or v use Opto 22 s or Opto 22 s suppliers name logos or trademarks in any manner including without limitation in your advertising or marketing materials except as is necessary to affix the appropriate copyright notices as required herein TITLE Title ownership rights and intellectual property rights in and to the Software and Documentation shall remain in Opto 22 and or its suppliers The Software is protected by the copyright laws of the United States and international copyright treaties Title ownership rights and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright or other law This License gives you no rights to such content LIMITED WARRANTY Opto 22 warrants that i the media containing the Software is free from defects in material and workmanship and will so remain for ninety 90 days from the date y2. E IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS SO LIMITATIONS MAY NOT APPLY TO YOU NO OPTO 22 DEALER AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS EXTENSIONS OR ADDITIONS TO THIS WARRANTY If any modifications are made to the Software by you during the warranty period if the media is subjected to accident abuse or improper use or if you violate the terms of this Agreement then this warranty shall immediately be terminated This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Software was designed to be used as described in the Documentation THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY TORT CONTRACT OR OTHERWISE SHALL OPTO 22 OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL WORK STOPPAGE COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES OR FOR ANY DAMAGES IN EXCESS OF OPTO 22 S LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION EVEN IF OPTO 22 SHALL HAVE B
3. EEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION FURTHERMORE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU TERMINATION This license will terminate automatically if you fail to comply with the limitations described above On termination you must destroy all copies of the Software and Documentation MISCELLANEOUS This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them It may be amended only by a writing executed by both parties THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER If any provision of this Agreement is held to be unenforceable for any reason such provision shall be reformed only to the extent necessary to make it enforceable This Agreement shall be governed by and construed under California law as such law applies to agreements between California residents entered into and to be performed within California except as governed by Federal law The application of the United Nations Convention of Contracts for the International Sale of Goods i
4. OPTO 22 LICENSE AGREEMENT NOTICE TO USER THIS IS A CONTRACT CAREFULLY READ THIS AGREEMENT BEFORE OPENING THE PACKAGE OR INSTALLING THE SOFTWARE BY OPENING THE PACKAGE OR INSTALLING THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT IF YOU DO NOT AGREE TO THESE TERMS YOU MAY WITHIN FIFTEEN 15 DAYS OF PURCHASE REQUEST A FULL REFUND GRANT Opto 22 having a principal place of business at 43044 Business Park Drive Temecula California 92590 Opto 22 hereby grants to you a non exclusive license to use its accompanying software product Software and accompanying User s Manual Documentation on the following terms You may i use the Software on any single computer for any commercial or non commercial purpose ii use the Software on a second computer so long as the first and second computers are not used simultaneously the Software is in use when it is loaded into RAM installed on a hard disk or installed on another storage device iii make a copy of the Software for archival purposes provided any copy must contain all of the original Software s proprietary notices and iv transfer the Software and Documentation to a single recipient on a permanent basis provided you retain no copies of the Software or Documentation including backup or archival copies and the recipient agrees to the terms and conditions of this Agreement provided however a that you include Opto 22 s and Opto 22 s
5. ou acquired the Software and ii the Software will substantially conform to the accompanying documentation during such 90 days Opto 22 s sole liability and your sole remedy for any breach of this warranty shall be in Opto 22 s sole discretion i to replace your defective media or non conforming Software or ii if the above remedy is impracticable to refund the license fee you paid for the Software Replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software or if longer for thirty 30 days after the date of shipment to you of the replaced Software Only if you inform Opto 22 of your problem with the Software during the applicable warranty period and provide evidence of the date you acquired the Software will Opto 22 be obligated to honor this warranty Opto 22 will use reasonable commercial efforts to replace or refund pursuant to the foregoing warranty within thirty 30 days of being so notified THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY OPTO 22 OPTO22 MAKES NO OTHER WARRANTY REPRESENTATION OR CONDITION EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS THE DURATION OF IMPLIED WARRANTIES OR CONDITIONS INCLUDING WITHOUT LIMITATION WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOS
6. s expressly excluded 43044 Business Park Drive Temecula CA 92590 Phone 951 695 3000 Tech Support 1 800 TEK OPTO FAX 951 695 3017 FORM 0765 031216
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