Introduction, Software user license agreement, Introduction software user license agreement – Multi-Tech Systems MT4X56USB User Manual

Page 70

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MultiModemUSB User Guide

MT4X56USB

70

Introduction

This chapter provides the information necessary for receiving service or support for your
MT4X56USB. The chapter includes Multi-Tech’s license agreement, a description of the warranty,
and provides instructions for contacting the Service Department, Technical Support group, and
various Multi-Tech internet resources.

Software User License Agreement

MultiMobileUSB software is licensed by Multi-Tech Systems, Inc. to the original end-user purchaser
of the product, hereafter referred to as “Licensee.” The License includes thhe distribution diskette,
other accompanying programs, and the documentation. The MultiMobileUSB software, hereafter
referred to as “Software,” consists of the computer program files included on the original distribution
diskette.

Licensee agrees that by purchase and/or use of the Software, he hereby accepts and agrees to the
terms of this License Agreement. In consideration of mutual covenants contained herein, and other
good and valuable considerations, the receipt and sufficiency of which is acknowledged, Multi-Tech
Systems, Inc. does hereby grant to the Licensee a non-transferable and non-exclusive license to use
the Software and accompanying documentation on the following conditions and terms:

The software is furnished to the Licensee for execution and use on a single computer system only
and may be copied (with the inclusion of the Multi-Tech Systems, Inc. copyright notice) only for use
on that computer system. The Licensee hereby agrees not to provide or otherwise make available
any portion of this software in any form to any third party without the prior express written approval of
Multi-Tech Systems, Inc.

Licensee is hereby informed that this Software contains confidential proprietary and valuable trade
secrets developed by or licensed to Multi-Tech Systems, Inc. and agrees that sole ownership shall
remain with Multi-Tech Systems, Inc.

The Software is copyrighted. Except as provided herein, the Software and documentation supplied
under this agreement may not be copied, reproduced, published, licensed, sublicensed, distributed,
transferred, or made available in any form, in whole or in part, to others, without expressed written
permission of Multi-Tech Systems, Inc. Copies of the Software may be made to replace worn or
deteriorated copies for archival or backup procedures.

Licensee agrees to implement sufficient security measures to protect Multi-Tech Systems, Inc.
proprietary interests and not to allow the use, copying or transfer by any means, other than in
accordance with this agreement. Licensee agrees that any breach of this agreement will be damaging
to Multi-Tech Systems, Inc.

Licensee agrees that all warranties, implied or otherwise, with regard to this Software, including all
warranties of merchantability and fitness for any particular purpose are expressly waived, and no
liability shall extend to any damages, including consequential damages, whether known to Multi-Tech
Systems, Inc. It is hereby expressly agreed that Licensee’s remedy is limited to replacement or refund
of the license fee, at the option of Multi-Tech Systems, Inc., for defective distribution media. There is
no warranty for misused materials.

This package contains 3.5-inch disks and/or CD-ROM discs. Neither this software nor the
accompanying documentation may be modified or translated without the written permission of Multi-
Tech Systems, Inc.

This agreement shall be governed by the laws of the State of Minnesota. The terms and conditions of
this agreement shall prevail regardless of the terms of any other submitted by the Licensee. This
agreement supersedes any proposal or prior agreement. Licensee further agrees that this License
Agreement is the complete and exclusive statement of Agreement, oral, written, or any other
communications between Multi-Tech Systems, Inc. and Licensee relating to the subject matter of this
agreement. This agreement is not assignable without written permission of an authorized agent of
Multi-Tech Systems, Inc.

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