Ocean Optics MonoScan2000 - Manual (Page 17)

2: Programming Information
000-10000-150-02-201011 9
End User License Agreement for Software (EULA)
This End-User License Agreement ("EULA") is a legal agreement between you (either an
individual or a single entity) and Mikropack GmbH ("Mikropack") for the Mikropack MonoScandrv
software, which includes computer software and may include associated media, printed materials, and
"online" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the
SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this
EULA, do not install, copy or use the SOFTWARE.
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.
1. License to Use
Mikropack grants you a non-exclusive and non-transferable license for the internal use only of the
SOFTWARE and any error corrections provided by Mikropack.
2. Restrictions
SOFTWARE is confidential and copyrighted. Title to SOFTWARE and all associated intellectual
property rights is retained by Mikropack and/or its licensors. You may not make copies of SOFTWARE,
other than a single copy of SOFTWARE for archival purposes. Unless enforcement is prohibited by
applicable law, you may not modify, decompile, or reverse engineer SOFTWARE.
No right, title or interest in or to any trademark, service mark, logo or trade name of Mikropack or its
licensors is granted under this EULA.
3. Limited Warranty
Mikropack warrants to you that for a period of six (6) months from the date of shipping, as evidenced by
a copy of the receipt, the media on which SOFTWARE is furnished (if any) will be free of defects in
materials and workmanship under normal use. Except for the foregoing, SOFTWARE is provided "AS
IS". Your exclusive remedy and Mikropack's entire liability under this limited warranty will be at
Mikropack's option to replace SOFTWARE media or refund the fee paid for SOFTWARE
4. Disclaimer of Warranty
Unless specified in this EULA, all express or implied conditions, representations and warranties,
including any implied warranty of merchantability, fitness for a particular purpose or noninfringement are
disclaimed, except to the extent that these disclaimer are held to be legally invalid.
5. Limitation of Liability
To the extent not prohibited by law, in no event will Mikropack or its licensors be liable for any lost
revenue, profit or data, or for special, indirect, consequential, incidental or punitive damages, however
caused regardless of the theory of liability, arising out of or related to the use of or inability to use
SOFTWARE, even if Mikropack has been advised of the possibility of such damages. In no event will
Mikropack's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the
amount paid by you for Software under this EULA. The foregoing limitations will apply even if the above
stated warranty fails of its essential purpose.