Anritsu company software license agreement, Software license agreement – Anritsu 0701012 User Manual

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ANRITSU COMPANY SOFTWARE LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY BEFORE OPENING THE SOFTWARE PACKET. BY OPENING THE PACKET

CONTAINING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

THIS IS A LEGAL AGREEMENT BETWEEN YOURSELF, AND YOUR EMPLOYER, IF APPLICABLE, AND

ANRITSU COMPANY (“ACUS”). IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT,

PROMPTLY RETURN THE UNOPENED SOFTWARE PACKAGE, AND THE ACCOMPANYING

DOCUMENTATION TO ANRITSU FOR FULL CREDIT.

SOFTWARE LICENSE AGREEMENT

1. GRANT OF LICENSE. This License Agreement permits you to use enclosed software program (the “Software”) on a

computer. The SOFTWARE is in use on a computer when it is loaded into temporary memory (i.e. RAM) , installed

into permanent memory (i.e. hard disk, CD-ROM, or other storage device), or installed/ loaded into any appropriate

Anritsu product. All rights not expressly granted are reserved to ACUS. This Grant of License is not subject to

transfer or assignment by Licensee.
2. COPYRIGHT. This SOFTWARE is owned by ACUS and is protected by United States copyright laws and

international treaty provisions. Furthermore, it is considered by ACUS to be ACUS proprietary information.

Therefore, you must treat the SOFTWARE like any other copyrighted or proprietary material except that you may

either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to

a single hard disk, provided you keep the original solely for backup or archival purposes. You may NOT copy any

written documentation accompanying the SOFTWARE.
3. OTHER RESTRICTIONS. You may not reverse engineer, decompile, or disassemble the SOFTWARE, nor may you

publish the SOFTWARE on the internet, or load the SOFTWARE onto your company’s network.
4. DUAL MEDIA SOFTWARE. If the SOFTWARE package contains both 3.5 in. disks and CD-ROM , then you may

only use the disks appropriate for your computer. You may not use the other disk on another computer, or loan, lease,

or transfer them to another user except as part of the permanent transfer of all SOFTWARE and written materials.
5. WARRANTY. ACUS warrants for a period of one (1) year from date of delivery that the SOFTWARE will, unless

modified, perform the functions described in the accompanying documentation. ACUS’s sole obligation is to undertake

to correct or replace any reported error conditions.
ACUS DOES NOT WARRANT THAT THE SOFTWARE WILL RUN PROPERLY ON ALL HARDWARE, THAT THE

SOFTWARE WILL MEET LICENSEES REQUIREMENTS, OR THAT ALL SOFTWARE ERRORS WILL BE

CORRECTED.
THE WARRANTIES ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER

EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS

FOR A PARTICULAR PURPOSE.
ACUS SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL

DAMAGES, , OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY licensee,

REGARDLESS OF WHETHER IN TORT OR CONTRACT, AND REGARDLESS OF WHETHER LICENSEE HAS

ADVISED ACUS OF THE POSSIBILITY OF SUCH LOSSES.
6. Export Control. Licensee agrees that it shall not export or re-export the software covered hereunder, or any portion

thereof, directly, or through others, to the proscribed countries listed in Section 779.4 and associated or successor

sections of the U.S. Export Administration Regulations unless properly authorized by the U. S. Government.

Licensee further agrees to fully comply with all of the rules and regulations regarding export of this software that may

be issued from time to time by the Japanese Ministry of International Trade and Industry.
7. Any breach of the terms or conditions of this Grant of License will result in termination of the license granted

hereunder. Upon termination of the license granted hereunder, Licensee shall return all copies of the software to

ACUS, or certify their destruction in writing.
8. This agreement, and all of the rights hereunder, shall be interpreted and determined by the laws of the State of

California, and all disputes shall be subject to the jurisdiction of the Courts within the State of California.

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