Interphase Tech 4538 - Manual (Page 5)

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 responsible for any transportation costs, unless expressly authorized
in writing by Seller. This warranty does not cover damage to the Product resulting from accident, disaster, misuse,
negligence, improper maintenance, or modification or repair of the Product other than by Seller. Any Products or
software replaced by Seller will become the property of Seller.
REMEDIES AND EXCLUSIONS. THE SOLE LIABILITY OF SELLER AND BUYER’S SOLE REMEDY FOR
BREACH OF THESE WARRANTIES SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF THE
PRODUCTS OR CORRECTION OF THAT PART OF THE SOFTWARE, WHICH FAILS TO CONFORM TO
THESE WARRANTIES. EXCEPT AS EXPRESSLY STATED HEREIN, AND EXCEPT AS TO TITLE, THERE
ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, IN CONNECTION WITH OR
ARISING OUT OF ANY PRODUCT OR SOFTWARE PROVIDED TO BUYER.
IN NO EVENT SHALL SELLER HAVE ANY LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING
OUT OF THESE WARRANTIES, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS,
LOSS OF DATA, USE OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (IC-
199, 1/97)