GE Industrial Solutions Easy View - Manual (Page 7)

Tyco Electronics EasyView Software for the Galaxy Controller
January 2008 Issue 8 Limited Use Software License Agreement - 1
Limited Use Software License Agreement
The terms and conditions of this Agreement will apply to the SOFTWARE to be supplied and derivatives obtained therefrom,
including any copy. The term SOFTWARE includes all programs and related documentation supplied.
If you have executed a separate Software Agreement covering the SOFTWARE supplied herewith, such Software Agreement
will govern.
Title and License Grant
The SOFTWARE is copyrighted and/or contains proprietary information protected by law. All SOFTWARE , and all copies
thereof, are and will remain the sole property of Lineage Power or its suppliers. Lineage Power hereby grants you, the
LICENSEE, a personal, non-transferable and non-exclusive right to use all SOFTWARE, in whatever form recorded, which is
furnished to you under or in contemplation of this Agreement and for which payment has been received. This grant is limited
to use on a single processor at a time, as listed on the accompanying order form. Any other use of the SOFTWARE or removal
of the SOFTWARE from a country in which use is licensed shall automatically terminate this license.
You agree that any user of the SOFTWARE licensed hereunder shall comply with the terms and conditions of the License
Agreement and shall refrain from taking any steps, such as reverse assembly or reverse compilation, to derive a source code
equivalent of the
SOFTWARE .
Software Use
A. You are permitted to make a single archive copy, provided the SOFTWARE shall not be otherwise reproduced, copied,
or, except for documentation, disclosed to others in whole or in part. Any such copy shall contain the same copyright notice and
proprietary marking, including diskette markings, appearing on the original SOFTWARE.
B. The SOFTWARE,
1. together with any archive copy thereof, shall be either returned to Lineage Power or destroyed when no longer
used in accordance with this License Agreement, or when the right to use the SOFTWARE is terminated; and
2. shall not be removed from the country in which use is licensed.
Limited Warranty
A. Lineage Power warrants that the SOFTWARE will be in good working order and will replace, without charge, any
SOFTWARE which is not in good working order if returned to the location where you obtained it within 90 days of delivery
to you. At its option, Lineage Power may refund the purchase price of the SOFTWARE .
B. Lineage Power does not warrant that the functions of the SOFTWARE will meet your requirements or that SOFTWARE
operation will be error-free or uninterrupted.
C. Lineage Power has used reasonable efforts to minimize defects or errors in the SOFTWARE
.
However, you assume the risk
of any and all damage or loss from use, or inability to use the SOFTWARE.
D. Unless a separate agreement for SOFTWARE maintenance is entered into between you and Lineage Power, Lineage Power
bears no responsiblity for supplying assistance for fixing or for communicating known errors to you pertaining to the
SOFTWARE supplied hereunder.
E. You understand that, except for the 90-day limited warranty recited above, Lineage Power its affiliates, contractors, suppliers
and agents make no warranties, express or implied, and specifically disclaim any warranty or merchantability or fitness for a
particular purpose.
Some states or other jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied
warranty lasts, so the above limitations may not apply to you. This warranty gives you specific legal rights and you may also
have other rights which vary from one state or jurisdiction to another.
Exclusive Remedies and Limitation of Liabilities
A. You agree that your sole remedy against Lineage Power, its affiliates, contractors, suppliers, and agents for loss or damage
caused by any defect or failure in the SOFTWARE regardless of the form of action, whether in contract, tort, including
negligence, strict liability or otherwise, shall be the replacement of Lineage Power furnished SOFTWARE, provided such
SOFTWARE is returned to Lineage Power with a copy of your sales receipt.
B. Regardless of any other provisions of this Agreement, neither Lineage Power nor its affiliates, contractors, suppliers or agents
shall be liable for any indirect, incidental, or consequential damages, including lost profits, sustained or incurred in connection
with the use, operation, or inability to use the SOFTWARE or for damages due to causes beyond the reasonable control of
Lineage Power, its affiliates, contractors, suppliers and agents attributable to any service, products or action of any other person.
C. This Agreement shall be construed in accordance with and governed by the laws of the State of New Jersey, U.S.A.