Interphase Tech iSPAN User Manual

Page 7

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END-USER LICENSE AGREEMENT

FOR INTERPHASE CORPORATION SOFTWARE

IMPORTANT NOTICE TO USER–READ CAREFULLY

THIS END-USER LICENSE AGREEMENT FOR INTERPHASE CORPORATION
SOFTWARE (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU
(EITHER AN INDIVIDUAL OR SINGLE ENTITY) AND INTERPHASE
CORPORATION FOR THE SOFTWARE PRODUCTS ENCLOSED HEREIN WHICH
INCLUDES COMPUTER SOFTWARE AND PRINTED MATERIALS
(“SOFTWARE”). BY INSTALLING, COPYING, OR OTHERWISE USING THE
ENCLOSED SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS
AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF
THIS AGREEMENT, PROMPTLY RETURN, WITHIN THIRTY DAYS, THE
UNUSED SOFTWARE TO THE PLACE FROM WHICH YOU OBTAINED IT FOR A
FULL REFUND.
The Software is protected by copyright laws and international copyright treaties, as well
as other intellectual property laws and treaties. The Software is licensed, not sold.
Grant of License: You are granted a personal license to install and use the Software on
a single computer solely for internal use and to make one copy of the Software in
machine readable form solely for backup purposes.
Restrictions on Use: You may not reverse engineer, decompile, or disassemble the
Software. You may not distribute copies of the Software to others or electronically
transfer the Software from one computer to another over a network. You may not use the
Software from multiple locations of a multi-user or networked system at any time. You
may not use this software on any product for which it was not intended. You may not use
this software on any non-Interphase product. LICENSEE MAY NOT RENT, LEASE,
LOAN, OR RESELL THE SOFTWARE OR ANY PART THEREOF.
Ownership of Software: Interphase or its vendors retain all title to the Software, and all
copies thereof, and no title to the Software, or any intellectual property in the Software,
is being transferred.
Software Transfer: You may permanently transfer all of your rights under this
Agreement, provided you retain no copies, you transfer all the Software, and the recipient
agrees to the terms of this Agreement.
Limited Warranty: Interphase Corporation (“Seller”) warrants that (i) the hardware
provided to Buyer (“Products”) shall, at the F.O.B. point, be free from defects in
materials and workmanship for a period of one (1) year from the date of shipment to
Buyer; (ii) the software and/or firmware associated with or embedded in the Products
shall comply with the applicable specifications for a period of six (6) months from the
date of shipment to Buyer; and (iii) its services will, when performed, be of good quality.
Defective and nonconforming Products and software must be held for Seller’s inspection
and returned at Seller’s request, freight prepaid, to the original F.O.B. point.
Upon Buyer’s submission of a claim in accordance with Seller’s Return and Repair
Policy, Seller will, at its option either (i) repair or replace the nonconforming Product;
(ii) correct or replace the software/firmware; (iii) rework the nonconforming services; or
(iv) refund an equitable portion of the purchase price attributable to such nonconforming
Products, software, or services. Seller shall not be liable for the cost of removal or
installation of products or any unauthorized warranty work, nor shall Seller be

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