END-USER LICENSE AGREEMENT FOR POWERALERT SOFTWARE
Contents
1. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS ACADEMIC EDITION SOFTWARE If the SOFTWARE PRODUCT is identified as Academic Edition or Educational Copy or AE you must be a Qualified Educational User to use the SOFTWARE PRODUCT If you are not a Qualified Educational User you have no rights under this EULA To determine whether you are a Qualified Educational User please contact Trippe Manufacturing Co 1111 W 35th Street Chicago IL 60609 or by FAX 312 644 6505 e mail to info tripplite mcimail com LIMITATIONS ON REVERSE ENGINEERING DECOMPILATION AND DISASSEMBLY You may not reverse engineer decompile or disassemble the SOFTWARE PRODUCT except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation of components The SOFTWARE PRODUCT is licensed as a single product Its component parts may not be separated for use on more than one computer NOT FOR RESALE SOFTWARE If the SOFTWARE PRODUCT is labeled Not for Resale or NFR or Evaluation Copy then notwithstanding other sections of this EULA you may not sell or otherwise transfer for value the SOFTWARE PRODUCT RENTAL You may not rent lease or lend the SOFTWARE PRODUCT to any party SOFTWARE TRANSFER You may permanently transfer all of your rights under this EULA provided you a retain no copies b transfer all of the SOFTWARE PRODUCT including all component parts the media and printed materia2. END USER LICENSE AGREEMENT FOR POWERALERT SOFTWARE IMPORTANT READ CAREFULLY This Trippe Manufacturing End User License Agreement EULA is a legal AGREEMENT between you either as a registered individual developer or as the registered developer representative and on behalf of a single entity and Trippe Manufacturing Co COMPANY for the PowerAlert software product identified above which product includes computer software and may include associated media printed materials and online or electronic documentation SOFTWARE PRODUCT By installing copying or otherwise using the SOFTWARE PRODUCT you agree to be bound by the terms of this EULA If you do not agree to the terms of this EULA then DO NOT install or use the SOFTWARE PRODUCT You may however return it to your place of purchase for a full refund SOFTWARE PRODUCT LICENSE The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties The SOFTWARE PRODUCT is licensed not sold 1 GRANT OF LICENSE This EULA grants you the registered computer software developer the following rights APPLICATION SOFTWARE The SOFTWARE PRODUCT may be used only by you You may install and use one copy of the SOFTWARE PRODUCT or any prior version thereof for the same operating system on a single computer REDISTRIBUTABLE FILE S Notwithstanding the terms of this EULA to the contrary certain of the execu
3. TY FITNESS FOR A PARTICULAR PURPOSE TITLE AND NON INFRINGEMENT WITH REGARD TO THE SOFTWARE PRODUCT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS YOU MAY HAVE OTHERS WHICH VARY FROM STATE JURISDICTION TO STATE JURISDICTION 9 LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL INCIDENTAL INDIRECT OR CONSEOUENTIAL DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS BUSINESS INTERRUPTION LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ANY CASE COMPANY S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR TEN UNITED STATES DOLLARS U S 10 00 PROVIDED HOWEVER IF YOU HAVE ENTERED INTO A COMPANY SUPPORT SERVICES AGREEMENT COMPANY S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY THE ABOVE LIMITATION MAY NOT APPLY TO YOU
4. ls any upgrades this EULA and if applicable the Certificate of Authenticity and c the recipient agrees to abide by all of the terms of this EULA If the SOFTWARE PRODUCT is an upgrade any transfer must include all prior versions of the SOFTWARE PRODUCT and all of your rights therein if any SUPPORT SERVICES COMPANY may provide you with support services related to the SOFTWARE PRODUCT Support Services The provision and use of Support Services is governed by COMPANY policies and programs described in the SOFTWARE PRODUCT user manual and or in online documentation Any supplemental software code provided to you as part of the Support Services shall considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA With respect to technical information you provide to COMPANY as part of the Support Services COMPANY may use such information for its business purpose including for product updates and development COMPANY will use its best efforts to not utilize such technical information in a form that personally identifies you TERMINATION Without prejudice to any of COMPANY s other rights COMPANY may terminate this EULA if you fail to comply with the terms and conditions of this EULA In such event you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts to this end you grant to COMPANY the right to with or without notice monitor your Internet accessible activities for the purpo
5. mark laws and international treaty provisions You must treat the SOFTWARE PRODUCT like any other copyrighted for archival purposes and you may not copy the printed materials accompanying the SOFTWARE PRODUCT You may not remove modify or alter any PowerAlert copyright or trademark notice from any part of the SOFTWARE PRODUCT including but not limited to any such notices contained in the physical and or electronic media or documentation in the PowerAlert Setup Wizard dialogue or about boxes in any of the runtime resources and or in any web presence or web enabled notices code or other embodiments originally contained in or dynamically or otherwise created by the SOFTWARE PRODUCT 5 DUAL MEDIA SOFTWARE You may receive the SOFTWARE PRODUCT in more than one medium Regardless of the type or size of the medium you receive you may use only that one medium that is appropriate for your single computer You may not use or install the other medium on another computer including but not limited to portable computers under the exclusive control of the registered developer You may not loan rent lease or otherwise transfer the other medium to another user except as part of the permanent transfer as provided above of the SOFTWARE PRODUCT 6 U S GOVERNMENT RESTRICTED RIGHTS The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS Use duplication or disclosure by the U S Government is subject to restrictions as set f
6. orth in subparagraph C 1 11 of the Rights in Technical Data and Computer Software clause at DFARS 252 227 7013 or subparagraphs c 1 and 2 of the Commercial Computer Software Restricted Rights at 48 CFR 52 227 19 as applicable 7 MISCELLANEOUS If you acquired or use this SOFTWARE PRODUCT in the United States this EULA is governed by the laws of the State of Illinois If this SOFTWARE PRODUCT was acquired and is used exclusively outside of the United States then local law may also apply Should you have any questions concerning this EULA or if you desire to contact COMPANY for any reason please contact the COMPANY distributor serving your country or write Trippe Manufacturing Co 1111 W 35th Street Chicago IL 60609 or by FAX 312 644 6505 e mail to info tripplite O mcimail com 8 LIMITED WARRANTY LIMITED WARRANTY COMPANY warrants that a the SOFTWARE PRODUCT will for a period of ninety 90 days from the date of your receipt perform substantially in accordance with COMPANY s written materials accompanying it and b any Support Services provided by COMPANY shall be substantially as described in applicable written materials provided to you by COMPANY and c COMPANY support engineers will make commercially reasonable efforts to solve any problem issues with the SOFTWARE PRODUCT To the extent that implied warranties on the SOFTWARE PRODUCT are disclaimable they are disclaimed hereinbelow Some states and jurisdic
7. se of verifying SOFTWARE PRODUCT performance and or your compliance with the terms hereof including but not limited to the remote monitoring and verification of your implementation use and duplication of the SOFTWARE PRODUCT 3 UPGRADES If the SOFTWARE PRODUCT is labeled or otherwise identified by COMPANY as an upgrade you must be properly licensed to use a product identified by COMPANY as being eligible for the upgrade in order to use the SOFTWARE PRODUCT A SOFTWARE PRODUCT labeled or otherwise identified by COMPANY as an upgrade replaces and or supplements the product that formed the basis for your eligibility for such upgrade You may use the resulting upgraded product only in accordance with the terms of this EULA If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer 4 COPYRIGHT AND TRADEMARKS All title trademarks and copyrights in and pertaining to the SOFTWARE PRODUCT including but not limited to any images photographs animation video audio Music text and applets incorporated into the SOFTWARE PRODUCT the accompanying printed materials and any copies of the SOFTWARE PRODUCT are owned by Trippe Manufacturing Co or its affiliated companies The SOFTWARE PRODUCT is protected by copyright and trade
8. table files of the SOFTWARE PRODUCT may be redistributed by you to the extent reguired for the permitted operation of the applications software installation code created by you while using the SOFTWARE PRODUCT hereunder The specific redistributable file s are limited to those specifically identified as Redistributables in the media printed materials and online or electronic documentation accompanying the particular embodiment of the SOFTWARE PRODUCT To determine whether a particular file s are redistributable please contact Trippe Manufacturing Co 1111 W 35th Street Chicago IL 60609 or by FAX 312 644 6505 e mail to info tripplite 0 mcimail com STORAGE NETWORK USE You may also store or install a copy of the SOFTWARE PRODUCT on a storage device such as a network server used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network however you must acguire and dedicate a distinct license for each developer using the SOFTWARE PRODUCT from the storage device Any given license for the SOFTWARE PRODUCT may not be shared or used concurrently or otherwise on different computers or by different developers in a given organization LICENSE PACK If you have acquired this EULA in a PowerAlert License Pack you may make the number of additional copies of the computer software portion of the SOFTWARE PRODUCT identified above on this EULA and you may use each copy in the manner specified above 2
9. tions do not allow disclaimers of or limitations on the duration of an implied warranty so the above limitation may not apply to you To the extent implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law implied warranties on the SOFTWARE PRODUCT if any are limited to ninety 90 days CUSTOMER REMEDIES COMPANY and its suppliers entire liability and your exclusive remedy shall be at COMPANY s option either a return of the price paid by you for the SOFTWARE PRODUCT not to exceed the suggested retail price if any or b repair or replacement of the component s of the SOFTWARE PRODUCT that does not meet COMPANY s Limited Warranty and which is returned to COMPANY with a copy of your purchase receipt This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident abuse or misapplication Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty 30 days whichever is longer Outside of the United States neither of these remedies nor any product support services offered by COMPANY are available without proof of purchase from a COMPANY authorized international source NO OTHER WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW COMPANY AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILI
Download Pdf Manuals
Related Search