View End-User Software License Agreement
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1. LOSS OF BUSINESS INFORMATION TECHNICAL OR OTHER DATA 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 THE USER HAS STRICTLY FOLLOWED THE OPERATING PROCEDURES PROVIDED IN THE USER MANUAL OR VIA OTHER MEANS AND EVEN IF MASAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ANY CASE MASAR 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 BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY THE ABOVE LIMITATION MAY NOT APPLY TO YOU MASAR Technologies Inc 1688 Lost Moon Court Tucson Arizona 85737 USA Tel 520 544 5657 E Mail software masar com Internet Web Sit http www masar com2. an inte license for claims by and or you EULA to the PRODUCT may be rpose wha a copy of the SOFTWARE CSOeCVeLr OF rnal network each user using license for rrently o and Disassembly or disassemble the SOFTWARE r except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this r otherwise on You may PRODUCT for T limitation of then rea b t the Cer s rade rograms desc documenta and pe icensing copyrights developm rmanently agree to fo paten rfeit any fu tability may NOT modify the design or functionality of MASAR s uch modification may adversely affect and for purposes such tem The ts may not Not for Resale ther PRODUCT for commercial tion r tificate of Authenticity EULA providing the name s to whom your license is being rms of this Commercial purposes of publicly distributed PRODUCT to any party r all of your rights under this ransfer all of the SOFTWARE the media and prin ted materials any c notify and d any transfer must include MASAR may provide you with support s The provision and ribed tion if rvices related to the use of Support Services in the SOFTWARE Any supplemental t Services shall considered t to the terms and conditions of this tion you provide to MAS
3. or limitations on the duration of an implied warran implied warran limi PROD CUSTOM excl P S ic 0 t O a H H OD u N R I H NO D IMPLIED TN UCT if CY so the above limitation may not apply to you ties may not be entirely disclaimed but implied warranty tations are allowed by applicable law implied war any ER R EMEDI ES usive R s Limi PRO ted S OT ITS HI SUP D ESS FOR F pai SOFTWARE remedy shall be the price paid by you for the SOFTWARE replacemen MASA urchase receip OFTWARE eplacemen riginal warran he Uni ffered A of ted the component s t or invoice DUCT has resul of the SOFTWARE ty period or thirty tes neither of these ta by MASAR are available withou thorized inte ER WAR rnational so RANTIES TO TH LIERS DISCLAIM A N ECC MAXIMUM L OTHE u ry R IMITI F INCLUDING BUT PARTICULAR PU OT POSE are limited to ninety T 90 PRODUCT s license of the SOFTWARE Warranty and which is returned to MASA This Limited Warranty is void ted from accident 30 MASAR s and its suppliers at MASAR s option days entire limited T PRODUC To the exten ranties on the SOFTWAR Gl liability and your to either a return of or b repair or T that do es not meet R wit
4. AR as pa r its business purpose nt and commercial promotions ture claims of owne compensation or any o rt of the and you rship ther claims relating to the use of this technical information and any related ideas concepts software designs or modifications inspired by the technical information provided by you MASAR will use its best e such technical information in a form that personally id agreed upon by you in advance Termination Without prejudice to any of MASAR s othe terminate this EULA if you fail to comply with the term EULA In such event you must destroy all copies of the of its component parts to this end you grant to MASAR fforts to not utilize entifies you except if r rights MASAR may s and conditions of this SOFTWARE PRODUCT and all the right to with or without notice monitor your Internet accessible activi verifying SOFTWARE PRODUCT performance and or your comp hereof including but not limited to the remote monito your implementation use and duplication of the SOFTWAR tid ties for the purpose of liance with the terms ring and verification of PRODUCT 33 UPGRADES If the SOFTWARE PRODUCT is labeled or otherwise identified by E MASAR as an upgrade you must be properly and current r ly licensed to use a product identified by MASAR as being eligible for the upgrade in order to use the SOFTWARE PRODUCT A
5. MASAR SOFTWAR IMPORTANT R EAD CAREFUL iY Thi F ENT be legal AGREEM consultant single enti MASAR sof software software elec othe EULA the SOFTWARE accompanying mate If you do no tween you or individual or as th ty organiza tware product operating da and may incl tronic documentation rwise using the SOFTWARE t agree PRODUCT rials tion identi tabase ude ass SO to You ma including T END US ER LIC ENSE ENT AGR s MASAR End User L is a EULA either as a registe icense Agreement red plant owner operator and MASAR Technologies fied above which p report files and o ociated media prin FTWARE PRODUCT PRODUCT you agree the terms of this y however return the software c and User Manual p MASAR Technologies A full refund of verification of you SOFTWARE PRODUCT IC the ac r package 168 tual 1 ENSE F The SOFTWARE treaties PRODUCT is licensed PRODUCT is as well as other in not sold I GRANT OF LIC ENS This repaid via a guaranteed and TG oy 8 Lost t Moon Court icense fees paid wi tellectual property th rights Applications Sof licenses E user license MASAR P b shots and or o SES PRODUCT for a singl tware pre specified us
6. SOFTWARE PRODUCT labeled or oth rwise identified by MASAR 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 is an upgrade of a component of a package of software p If the SOFTWARE PRODUCT rograms 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 sepa than one computer or the licensed workstations 4 COPYRIGHT AND TRADEMARKS rated for use on more 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 r accompanying printed materials and any copies of the SOFTWARE PRODUCT are owned by MASAR or its affiliated companies The SOFTWARE PRODUCT is protected by copyright and trademark laws and international treaty provisions You must treat the SOFTWARE PRODUCT like any other copyrighted work You may copy the operating database of the SOFTWARE PRODUCT for emergency and archival backup the Data Utilities Menu for Backup and Restoration of your operating and design data ALL OTHER COPYING OF THE SOFTWARE OR WRITTEN MATERIAL ACCOMPANYING THE SOFT
7. WAR PRODUCT IS EXPRESSLY FORBIDDEN T E You may not remove modify or alter any MASAR 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 MASAR 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 o SOFTWARE PRODUCT f 5 DUAL MEDIA SOFTWARE You may receive the SOFTWAR one medium Regardless of the type or size of the medi use only that server and workstations You may not use or install the computer including but not limited to portable compute control of the registered developer You may not loan therwise created by the E PRODUCT in more than um you receive you may one medium that is appropriate for your single computer or network other medium on another rs under the exclusive rent lease or PRODUCT otherwise transfer the other medium to another user except as part of the permanent transfer as provided above of the SOFTWARE 6 U S GOVERNMENT RESTRICTED RIGHTS The SOFTWARE documentation are provided with RESTRICTED RIGHTS Use PRODUCT and duplication or disclosure by the U S Government is subject to restrictio
8. a network error or bug f ree in any way which migh third party s data use and application fouling development conditions of PRODUCT s methodology other data produced by the SOFTWARE not use the SOFTWAR a eA t only be installed rver and Because nor you agree that you will use the SOFTWARE re trains or skids tem with its own independent feed flow control valve flow control valve and have the same staging configuration and used on a single user com licens SOFTWARE a train or ski all trains tions of cannot b ed worksta PRODUCT you hereby irrevocably grant to rldwide fully paid right to e SOFTWARE PRODUCT including tion of the software screen for MASAR s advertising and f Gl the right to use the SOFTWAR ination or purification plant d is defined as any membrane manifolds and final or skids must be located at the The SOFTWARE PRODUCT puter or on a single lti user computer or local aranteed to be completely a mu e gu has it been fully tested or validated for commercial use result PRODUCT in any loss of or information or other property re intended only as a tool to m the membrane s t use it or any tiously and will no age to any of your Since the SOFTWARE PRODUCT s onitor and address the cau dam anal PRODUCT for ystem at your plant you shall ysis results conclusions or any any purpose relating dir
9. ectly or indirectly any third party or to substantiate any commercial against any third party Redistributable File s Notwithstanding the terms of this contrary NONE of the executable files of the SOFTWARE redistributed by you to any third parties for any pu STORAGE NETWORK USE You may also store or install PRODUCT on a storage device such as a network server run the SOFTWARE PRODUCT on your other computers ove however you must acquire and dedicate a distinct the SOFTWARE PRODUCT from the storage device Any given individual 7 FE the SOFTWARE different computers o 2 DESCRI Limitation NOT modify any purpose whatsoeve components operational the original PRODUCT except as exp tomating the ope as au into the SOF SOFTWARE be separated Not for Re or NFR sections of purposes nor include the use of the SOFTWARE computer sof Rental Software T EULA provid PRODUCT inc Evalua You may not PRODUCT may not be r by diffe PTION OF OTHE s on Reverse Engineering revers ngineer decompile You also database design o TWARE PRODUCT for sale Software this EULA sell o tware rent lease ransfer ed you a luding all upgrades th the recipien MASAR in wri location and transferred all prior ve any Support Se SOFTWARE PRO r is EULA and t ag
10. ers for this license You may install and use one copy of thereof for the same operating system or on your main internal network server for a multi user license with and its affiliates ublicly disclose the fact that you ut not limited to the reproduction box shots ther promotional purposes rms Of Use Of The Software membrane based The th EULA grants you SOFTWARE PRODUCT ma and only a the SOFTWARE on a sing ull access and usage rights by all pre specified users cover By installing registered representative and on behalf of a Inc MASAR for the roduct includes application ther associated computer ted materials and on line copying or to be bound by the terms of this OE EULA then DO NOT install or use the unopened package and all ompact disk CD or floppy disks xpress delivery service to Tucson Arizona 85737 7069 USA ll be issued upon receipt and protected by copyright laws and international copyright The SOFTWAR Gl laws and treaties th registered user following y be used only by you and other your registered site or plant PRODUCT or any prior version le computer PC for individual d under the multi In return for our license grant xclusive wo from your non are using th and distribu applications MASAR grants you water desal with one or mo sys brine or reject same plant site mus terminal or se are
11. from the you may retu days from the date of you ith MASAR s wri rials provided reasonable efforts To the ex DUCT wi wa s s oc da Upon such termination and return all original Sof that in material and wor til termina copies of r CD and Us yo re disks or CD a the o 2 of the Commercial as applicable t Tucson info masar com and Arizona PRODUCT in the United the State of PRODUCT was acquired and is used exclusively outside then local law may also apply or if you desire to contact MASAR for any reason hould you have any MASAR or by or write ona 85737 USA ted You may terminate the installed Software er Manual to MASAR This rom MASAR if you fail to u will destroy all and User Manual to MASAR riginal disks or CD of the kmanship assuming for dures specified in te of original purchase rn your faul the SOFTWARE r receipt perform substantially in ty di PRO T tten materials accompanying it by MASAR shall be substantially as described in applicable to you by MASAR and d MA to solve any problem issues with tent that implied warranties on the SOFTWARE they are disclaimed hereinbelow Some states and the User Manual If a defect sks or CD to MASAR and it DUCT will for a period of c any Support SAR support engineers will the PRODUCT T jurisdictions do not allow disclaimers of
12. h a copy of your if failure of the abuse or PRODUCT will be warranted for days remedies nor any produc t proof of purchase f whicheve F XT ENT P T RMITT TITLE WA iD TO P R RODUCT AND THE 17 RRANTI AND PROVISION OF OR FAI ES AN IIED p IME ED BY AF D CON WARRANTI misapplication Any the remainder of the longer Outside of t support services rom an MASAR r is p PLICABLE LAW MASAR DITIONS EITHER EXPRESS ES OF MERCHANTABILITY JURE NON INFRING TO EMENT WITH REGARD TO PROVIDE SUPPORT SERVIC ES THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND OTHERS WHICH VARY FROM LOCATION AND JURISDICTION TO LOCATION AND JURISDICTION 10 LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL MASAR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL INCIDENTAL INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS BUSINESS INTERRUPTION
13. ns as set forth in subparagraph C 1 ii of the Rights in Technical Data and Computer Software clause at DFARS 252 227 7013 or subparagraphs Computer Software Restricted Rights at 48 CFR 52 227 19 Manufacturer is 85737 hee States Arizona of the Uni questions conce please con Technologies Facsimile 1 520 297 7242 8 this Agreement at any time by destroying all Software disks o thout notice f and re USA MASAR Technologies or by MISCEL LANEOUS this EULA If te ta TERM urnin this SOFTWARE States rning this r d EULA ct Ene sy e mail to BHC y Facsimile 1 520 297 7242 T c 1 1688 Lost Moon Cour e mail to If you acquired or use this SOFTWARE is governed by Federal laws and the laws of S the MASAR distributor serving your country 1688 Lost Moon Court ucson Ariz info masar com This Agreement is effective un g all original license will terminate automatically comply Softwa 9 SOFTWARE normal a pe occu will nine acco Services provided writ make commercially SOFTWARE are disclaimable with re IMITE use a riod of rs durin this Agreement D WARRANTY nd storage acco ninety 90 g this time aced fr be repl ty 90 rdance w ten mate PRO of charge b MASAR warran PRODUCTS are free from defec rding to p days
14. rees ting and contact If the SOFTWARE PROD i to the extent that s r operational functionality or output of the SOFTWARE ressly permitted by MASAR in writing rating data uploading from your data acquisition sys urposes agreed upon in advance Its component par r or licensed workstations PRODUCT is labeled notwithstanding o or for other p PRODUCT is licensed as a single product use on more than one compute If the SOFTWARE tion Copy or Demo Copy you may not use the SOFTWARE r otherwise transfer it for value PRODUCT in the c or lend the SOFTWARE You may permanently transfe retain no copies component parts if applicable to abide by all of the te within 15 days of the transfer information of the person UCT is an upg PRODUCT and all of your rights therein rsions of the SOFTWARE rvices DUCT Support Services is governed by the MASAR policies and p p PRODUCT s Us art of the ULA With r upport Serv ncluding fo rrevocably royalties s P S 1 1 er Manual and or in SOFTWARE espect ices r product updates on line oftware code provided to you as part of the Suppor PRODUCT and subjec to technical informa MASAR may use such information fo to any of your current or future commercial warranty agreements with shared or used concu rent users in the same organization R RIGHTS AND LIMITATIONS Decompilation or legal used only to install r
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