Spectra Precision Survey Pro v3.80 Recon iPAQ User Manual - Manual (Page 2)

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TRIPOD DATA SYSTEMS SOFTWARE LICENSE AGREEMENT
IMPORTANT: BY OPENING THE SEALED MEDIA PACKAGE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THE
LICENSE AGREEMENT AND LIMITATIONS OF LIABILITY ("Agreement"). THIS AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT
BETWEEN YOU AND TRIPOD DATA SYSTEMS, INC. ("Licensor"). CAREFULLY READ THE AGREEMENT AND IF YOU DO NOT AGREE WITH THE
TERMS, RETURN THE UNOPENED MEDIA PACKAGE AND THE ACCOMPANYING ITEMS (including written materials and binders or other
containers) TO THE PLACE WHERE YOU OBTAINED THEM FOR A FULL REFUND.
LICENSE. LICENSOR grants to you a limited, non-exclusive license to (i) install and operate the copy of the computer program contained in this package
("Program") on a single computer (one central processing unit and associated monitor and keyboard) and (ii) make one archival copy of the Program for use
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OWNERSHIP OF PROGRAMS AND COPIES. This license is not a sale of the original Program or any copies. LICENSOR retains the ownership of the
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USER RESTRICTIONS. You may physically transfer some Programs from one computer to another provided that the Program is operated only on one
computer. Other Programs will operate only with the computer that has the same security code and cannot be physically transferred to another computer.
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TRANSFER. The Program is provided for use in your internal commercial business operations and must remain at all times upon a single computer owned
or leased by you. You may not rent, lease, sublicense, sell, assign, pledge, transfer or otherwise dispose of the Program or Documentation, on a temporary or
permanent basis, without the prior written consent of LICENSOR.
TERMINATION. This License is effective until terminated. This License will terminate automatically without notice from LICENSOR if you fail to comply
with any provision of this License. Upon termination you must cease all use of the Program and Documentation and return them, and any copies thereof, to
LICENSOR.
GENERAL. This License shall be governed by and construed in accordance with the laws of the State of Oregon, United States of America.
LIMITED WARRANTIES AND LIMITATION OF LIABILITY
LICENSOR grants solely to you a limited warranty that (i) the media on which the Program is distributed shall be substantially free from material defects
for a period of NINETY (90) DAYS, and (ii) the Program will perform substantially in accordance with the material descriptions in the Documentation for a
period of NINETY (90) DAYS. These warranties commence on the day you first obtain the Program and extend only to you, the original customer. These
limited warranties give you specific legal rights, and you may have other rights, which vary from state to state.
Except as specified above, LICENSOR MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE PROGRAM,
MEDIA OR DOCUMENTATION AND HEREBY EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. LICENSOR does not warrant the Program will meet your requirements or that its operations will be uninterrupted or error-free.
If the media, Program or Documentation are not as warranted above, LICENSOR will, at its option, repair or replace the nonconforming item at no cost to
you, or refund your money, provided you return the item, with proof of the date you obtained it, to LICENSOR within TEN (10) DAYS after the expiration of
the applicable warranty period. If LICENSOR determines that the particular item has been damaged by accident, abuse, misuse or misapplication, has been
modified without the written permission of LICENSOR, or if any LICENSOR label or serial number has been removed or defaced, the limited warranties set
forth above do not apply and you accept full responsibility for the product.
The warranties and remedies set forth above are exclusive and in lieu of all others, oral or written, express or implied. Statements or representations which
add to, extend or modify these warranties are unauthorized by LICENSOR and should not be relied upon by you.
LICENSOR or anyone involved in the creation or delivery of the Program or Documentation to you shall have no liability to you or any third party for
special, incidental, or consequential damages (including, but not limited to, loss of profits or savings, downtime, damage to or replacement of equipment and
property, or recovery or replacement of programs or data) arising from claims based in warranty, contract, tort (including negligence), strict liability, or
otherwise even if LICENSOR has been advised of the possibility of such claim or damage. LICENSOR'S liability for direct damages shall not exceed the
actual amount paid for this copy of the Program.
Some states do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above limitations or
exclusions may not apply to you.
U.S. GOVERNMENT RESTRICTED RIGHTS
If the Program is acquired for use by or on behalf of a unit or agency of the United States Government, the Program and Documentation are provided with
"Restricted Rights". Use, duplication, or disclosure by the 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, and to all other regulations, restrictions and limitations applicable to Government
use of Commercial Software. Contractor/manufacturer is Tripod Data Systems, Inc., PO Box 947, Corvallis, Oregon, 97339, United States of America.
Should you have questions concerning the License Agreement or the Limited Warranties and Limitation of Liability, please contact in writing: Tripod Data
Systems, Inc., PO Box 947, Corvallis, Oregon, 97339, United States of America.
TRADEMARKS
Recon and Survey Pro are registered trademarks of Tripod Data Systems, Inc. Windows CE, Windows CE .NET, ActiveSync and Pocket PC are registered
trademarks of Microsoft Corporation. iPAQ is a trademark of Compaq Information Technologies Group. Bluetooth and the Bluetooth symbol are registered
trademarks of Bluetooth SIG Inc. USA. Socket is a registered trademark of Socket Communications, Inc. CompactFlash is a registered trademark of
SanDisk Corp. All other names mentioned are trademarks, registered trademarks or service marks of their respective companies.
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