Topcon GTS-823A - Manual (Page 141)

END USER LICENSE AGREEMENT
IMPORTANT-- READ CAREFULLY BEFORE USING THE EMBEDDED SYSTEM WHICH CONTAINS MI-
CROSOFT SOFTWARE. By using the embedded system containing software, you indicate your acceptance of
the following Software License Agreement.
SOFTWARE LICENSE AGREEMENT
(Embedded Products)
This software license agreement, including the Warranty and Special Provisions set forth in the appendix or sep-
arate booklet included in this package, is a legal agreement between you (either an individual or an entity, here-
inafter "End User") and the manufacturer ("Embedded System Manufacturer") of the embedded system containing
software product. By using the embedded system on which software program(s) have been pre installed ("SOFT-
WARE"), you are agreeing to be bound by the terms of this agreement.
1.GRANT OF LICENSE. This License Agreement permits you to use the Microsoft SOFTWARE as preinstalled
on the embedded system.
2. INTELLECTUAL PROPERTY. GTS-820A SERIES contains intellectual property, i.e., software programs, that
is licensed for the end user customer's use (hereinafter "End User"). This is not a sale of such intellectual property.
The End User shall not copy, disassemble, reverse engineer, or decompile the software program.
3.COPYRIGHT. The SOFTWARE is owned by Microsoft Corporation or its suppliers and is protected by United
States copyright laws and international treaty provisions and all other applicable national laws. Therefore, you
must treat the SOFTWARE like any other copyrighted material.
4.U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and documentation are provided with RE-
STRICTED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to restrictions 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 (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights at 48
CFR 52.227-19, as applicable. Manufacturer is Microsoft Corporation/One Microsoft Way/Redmond, WA 98052-
6399.
Please see the Warranty and Special Provisions for information concerning governing law.
Product support for the SOFTWARE is not provided by Microsoft Corporation or its subsidiaries. For product sup-
port, please refer to Embedded System Manufacturer's support number provided in the documentation for the em-
bedded system. Should you have any questions concerning this Agreement, or if you desire to contact Embedded
System Manufacturer for any other reason, please refer to the address provided in the documentation for your
embedded system.
FOR THE LIMITED WARRANTY AND SPECIAL PROVISIONS PERTAINING TO YOUR COUNTRY, PLEASE
REFER TO EMBEDDED SYSTEM DOCUMENTATION OR THE WARRANTY AND SPECIAL PROVISIONS
BOOKLET INCLUDED IN THIS PACKAGE.
APPENDIX
WARRANTY AND SPECIAL PROVISIONS
LIMITED WARRANTY
LIMITED WARRANTY. Embedded System Manufacturer warrants that (a) the SOFTWARE will perform substan-
tially in accordance with the accompanying written materials for a period of ninety (90) days from the date of re-
ceipt. Any implied warranties on the SOFTWARE are limited to ninety (90) days. Some states/jurisdictions do not
allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
CUSTOMER REMEDIES. Embedded System Manufacturer's and its suppliers' entire liability and your exclusive
remedy shall be, at Embedded System Manufacturer's option, either (a) return of the price paid, or (b) repair or
replacement of the SOFTWARE that does not meet the above Limited Warranty and which is returned to Embed-
ded System Manufacturer with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE
has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the re-
mainder of the original warranty period or thirty (30) days, whichever is longer.
NO OTHER WARRANTIES. THE MICROSOFT SOFTWARE PROGRAMS ARE PROVIDED TO THE END
USER "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE ENTIRE RISK OF THE QUALITY AND PERFORMANCE OF THE SOFTWARE PROGRAM IS WITH YOU.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. EMBEDDED SYSTEM MANUFACTURER'S AND ITS SUP-
PLIERS' SHALL NOT BE HELD TO ANY LIABILITY FOR ANY DAMAGES SUFFERED OR INCURRED BY THE
END USER (INCLUDING, BUT NOT LIMITED TO, GENERAL, SPECIAL, CONSEQUENTIAL OR INCIDENTAL
DAMAGES INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
OF BUSINESS INFORMATION AND THE LIKE), ARISING FROM OR IN CONNECTION WITH THE DELIVERY,
USE OR PERFORMANCE OF THE SOFTWARE PROGRAM.
SPECIAL PROVISIONS
This Software License Agreement and Warranty are governed by the laws of the State of Washington, U.S.A.