Sonic Impact Technologies Larco USB Mat - Manual (Page 13)

IMPORTANT–PLEASE READ CAREFULLY: This End-User License
Agreement (“EULA”) is a legal agreement between you (either an individual
or a single entity) and the manufacturer Larco (“Manufacturer”) with which
you acquired the Larco software and hardware product(s) identifi ed above
(“PRODUCT”). The PRODUCT includes the SONIC GUARD USB Mat,
computer software, the associated media, any printed materials, and any
online or electronic documentation. By installing, copying or otherwise
using the PRODUCT, you agree to be bound by the terms of this EULA.
The SOFTWARE PORTION OF THE PRODUCT includes the computer
software, the associated media, any printed materials, and any “online”
or electronic documentation. By installing, copying or otherwise using
the PRODUCT, you agree to be bound by the terms of this EULA. If you
do not agree to the terms of this EULA, Larco is unwilling to license the
PRODUCT to you. In such event, you may not use or copy the SOFTWARE
PORTION OF THE PRODUCT, and you should promptly contact the vendor
you obtained this PRODUCT from for instructions on return of the unused
product(s) for a refund.
The products described in this publication are intended for commercial and
consumer applications. The SONIC GUARD must be used so that a loss of
communications due to interference or otherwise will not endanger either
people or property, and will not cause the loss of valuable data. Larco assumes
no liability for the performance of product. Larco products are not suitable
for use in life-support applications, biological hazard applications,
nuclear control applications, or radioactive areas. None of these products
or components, software or hardware, are intended for applications that
provide life support or any critical function necessary for the support
of protection of life, property or business interests. The user assumes
responsibility for the use of any of these products in any such application.
Larco shall not be liable for losses due to failure of any of these products,
or components of these products, beyond the Larco commercial warranty,
limited to the original purchase price plus shipping to replace product.
SOFTWARE PRODUCT LICENSE: The PRODUCT is
protected by copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties. The
SOFTWARE PORTION OF THE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE:
This EULA grants you the following rights:
Software. You may install and use one copy of the SOFTWARE
PORTION OF THE PRODUCT on the COMPUTER.
Network Services If the SOFTWARE PORTION OF THE PRODUCT
includes functionality that enables the COMPUTER to act as a network
server, any number of computers or workstations may access or
otherwise utilize the basic network services of that server. The basic
network services are more fully described in the printed materials
accompanying the SOFTWARE PORTION OF THE PRODUCT.
Storage/Network Use: You may also store or install a copy of the computer
SOFTWARE PORTION OF THE PRODUCT on the COMPUTER to
allow your other computers to use the SOFTWARE PORTION OF THE
PRODUCT over an internal network, and distribute the SOFTWARE
PORTION OF THE PRODUCT to your other computers over an internal
network. However, you must acquire and dedicate a license for the
SOFTWARE PORTION OF THE PRODUCT for each computer on which
the SOFTWARE PORTION OF THE PRODUCT is used or to which
it is distributed. A license for the SOFTWARE PORTION OF THE
PRODUCT may not be shared or used concurrently on different computers.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering, Decompilation and
Disassembly You may not reverse engineer, decompile, or disassemble
the PRODUCT, except and only to the extent that such activity is
expressly permitted by applicable law notwithstanding this limitation.
Separation of Components The PRODUCT is licensed as a single product.
Its component parts may not be separated for use on more than one computer.
Single COMPUTER The PRODUCT is licensed with the COMPUTER as a
single integrated product. The PRODUCT may only be used with the COMPUTER.
Rental You may not rent or lease the PRODUCT without permission from Larco.
Software Transfer You may permanently transfer all of your rights under this EULA
only as part of a sale or transfer of the COMPUTER, provided you retain no copies,
you transfer all of the PRODUCT (including all component parts, the media and
printed materials, any upgrades, this EULA and, if applicable, the Certifi cate(s) of
Authenticity), AND the recipient agrees to the terms of this EULA. If the PRODUCT
is an upgrade, any transfer must include all prior versions of the PRODUCT.
Termination Without prejudice to any other rights, Larco 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 PORTION OF THE
PRODUCT and all of its component parts.
3. UPGRADES:
If the SOFTWARE PORTION OF THE PRODUCT is an upgrade from
another product, whether from Larco or another supplier, you may use or
transfer the PRODUCT only in conjunction with that upgraded product, unless
you destroy the upgraded product. If the SOFTWARE PORTION OF THE
PRODUCT is an upgrade of a Larco product, you now may use that upgraded
product only in accordance with this EULA. If the SOFTWARE PORTION
OF THE PRODUCT is an upgrade of a component of a package of software
programs which you licensed as a single product, the SOFTWARE PORTION
OF THE 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.
OEM COPYRIGHT:
All title and copyrights in and to the PRODUCT (including but not limited to
any images, photographs, animations, video, audio, music, text and “applets,”
incorporated into the PRODUCT), the accompanying printed materials, and
any copies of the SOFTWARE PORTION OF THE PRODUCT, are owned by
Larco or its suppliers. The PRODUCT and SOFTWARE PORTION OF THE
PRODUCT is protected by copyright laws and international treaty provisions.
You may not copy the printed materials accompanying the PRODUCT.
DUAL-MEDIA SOFTWARE:
You may receive the SOFTWARE PORTION OF THE PRODUCT in more than
one medium. Regardless of the type or size of medium you receive, you may use
only one medium that is appropriate for your single computer. You may not use
or install the other medium on another computer. 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 PORTION OF THE
PRODUCT.
LIMITED WARRANTY:
Larco warrants to the original buyer of this product, that the hardware
SOFTWARE PORTION OF THE PRODUCT and related disk(s) are free of
defects in material and workmanship for a period of one year from date of
purchase from Larco or from an authorized Larco dealer. Shouldthe Larco
products fail to be in good working order at any time during the one-year period,
Larco will, at its option, repair or replace the product at no additional charge,
provided that the product has not been abused, misused, repaired or modifi ed.
This warranty shall be limited to repair or replacement and in no event shall
Larco be liable for any loss of profi t or spec-ial, incidental, consequential or other
similar claims. No dealer, distributor, company, or personhas been authorized
to change or add to the terms of this agreement, and Larco will not be bound by
any representation to the contrary. Larco SPECIFICALLY DISCLAIMS ALL
OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT
NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS OF PURPOSE. Since some states do not allow such
exclusion of limitation of incidental or consequential damages for consumer
products, check the statute of the state in which your business resides. This
warranty gives you the specifi c legal rights in addition to any rights that you
have under the laws of thestate in which your business resides or operates.
Larco further represents and warrants that (a) the PRODUCTS, including,
but not limited to the SOFTWARE PORTION OF THE PRODUCTS, are
not the subject of any lawsuit, litigation, arbitration, mediation or similar
proceeding (“Litigation”), (b) Larco has all right, title, ownership interest,
and/or marketing rights necessary to provide the PRODUCTS to you and that
the sale and license of the PRODUCTS to you does not and will not directly
or indirectly violate or infringe upon any copyright, patent, trade secret, or
other proprietary or intellectual property right of any third party or contribute
to such violation or infringement (“Infringement”), and (c) the PRODUCTS
shall perform in accordance with the documentation provided. Larco will
indemnify, defend and hold you and your Affi liates and their respective
successors, offi cers, directors, employees, customers and agents harmless
from and against any and all actions, claims, losses, damages, liabilities,
awards, costs, and expenses (including legal fees) resulting from or arising out
of any Litigation, any breach or claimed breach of the foregoing warranties
of this paragraph, or which is based on a claim of an Infringement Larco shall
defend and settle, at its expense, all suits or proceedings arising therefrom.
You will inform Larco of any such suit or proceeding against you and shall
have the right to participate in the defense of any such suit or proceeding at
your expense and through counsel of your choosing. Larco will notify you of
any actions, claims, or suits against Larco based on an alleged Infringement
of any party’s intellectual property rights in and to the PRODUCTS and/or
any other products and services provided under this EULA. In the event an
injunction is sought or obtained against use of the PRODUCTS and/or any
other products and services provided under this EULA or in your opinion is
likely to be sought or obtained, to the extent reasonably practicable Larco
shall promptly, at its option and expense, either (i) procure for you the right to
continue to use the PRODUCTS or the infringing portions thereof as set forth
in this EULA, or (ii) replace or modify the infringing part of the PRODUCT
to make its use non-infringing while being capable of performing the same
function without degradation of performance.
Larco SONIC GUARD END-USER LICENSE AGREEMENT
End-user License Agreement for Larco SOFTWARE and HARDWARE: SONIC GUARD USB Mat