Toolvox® x3, Administrator guide, Upd end user license agreement – Code Blue TOOLVOX X3 User Manual

Page 70

Advertising
background image

Code Blue

259 Hedcor Street

Holland, MI 49423 USA

800.205.7186

www.codeblue.com

GU-154-F

page 70 of 132

ToolVox® X3

Administrator Guide

UPD End User License Agreement

IMPORTANT – READ CAREFULLY. This is a legal agreement between you (either an individual or an entity), the end user, and Code Blue Cor-

poration of Holland, Michigan. By opening the sealed CD-ROM packet(s) and installing or otherwise using the software, you agree to be bound

by the terms of this End User License Agreement (EULA). If you do not agree to the terms of this Agreement, promptly return the disk package

and accompanying items (including written materials, binders or other containers) to the place you obtained them.

1. GRANT OF LICENSE. This EULA permits you to use one copy of the Code Blue software product (“Software”) on any single computer,

provided the software is in use on only one computer at any time. If you have multiple licenses for the software, then at any time you may

have as many copies of the software in use as you have Licenses. The software is “in use” in a computer when it is loaded into the temporary

memory (i.e., RAM) or is installed into the permanent memory (e.g. hard disk, CD-ROM or other storage device) of that computer. However, a

copy installed on a network server for the sole purpose of distribution to other computers is not “in use.” If the anticipated number of users of the

software will exceed the number of applicable Licenses, you must have a reasonable mechanism or process in place to assure that the number

of persons using the software concurrently does not exceed the number of Licenses. If the software is permanently installed on the hard disk or

other storage device of a computer (other than a network server), then the person authorized to use such computer also may use the software

on a portable computer, laptop and home computer. If such person’s authorization to use such computer ceases for any reason (e.g. termination

of employment), then such person’s authority to use the software on a portable computer, laptop and home computer shall cease.

2. COPYRIGHT. The software is owned by Code Blue Corporation or its suppliers and is protected by United States copyright laws and inter-

national treaty provisions. Therefore, you must treat the software like any other copyrighted material (e.g., books or musical recordings), 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.

3. OTHER RESTRICTIONS. The License is your proof of license to exercise the rights granted herein and must be retained by you. You may

not rent or lease the software, but you may transfer your rights under this License on a permanent basis provided that you transfer this License,

the software and all accompanying written materials, you retain no copies and the recipient agrees to the terms of this License. You may not

decompile or disassemble the software. If the software is an update, any transfer must include the update and all prior versions.

4. MULTIPLE MEDIA SOFTWARE. If the software package contains compact discs or other media, then you may use only the media appropri-

ate for your single designated computer or network server. You may not use the other media on another computer or computer network, or loan,

rent, lease or transfer them to another user except as part of a transfer or other use expressly permitted by this License.

5. LIMITED WARRANTY. Code Blue warrants that the software will perform substantially in accordance with the accompanying written materials

and will be free from defects in materials and workmanship under normal use and service for a period of 90 days from the date of receipt. Any

implied warranties on the software are limited to 90 days. Some states do not allow limitations on the duration of an implied warranty, so the

above limitations may not apply to you. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.

6. CUSTOMER REMEDIES. Code Blue’s entire liability and your exclusive remedy shall be, at Code Blue’s option, either (a) return of the price

paid or (b) repair or replacement of the software that does not meet Code Blue’s Limited Warranty and that is returned to Code Blue 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 remainder of the original warranty period or 30 days, whichever is longer. Neither these remedies, nor any

product support services offered by Code Blue, are available for this USA version product outside the United States of America.

7. NO OTHER WARRANTIES. Code Blue disclaims all other warranties, either expressed or implied, including but not limited to implied warran-

ties of merchantability and fitness for a particular purpose, with respect to the software, the accompanying written materials and any accompa-

nying hardware.

8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Code Blue or its suppliers be liable for any damages whatsoever

(including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss)

arising out of the use of or inability to use the software, even if Code Blue has been advised of the possibility of such damages. Because some

states do not allow the exclusion or limitations of consequential or incidental damages, the above limitations may not apply to you.

U. S. GOVERNMENT RESTRICTED RIGHTS. The software and documentation are provided with restricted rights. Use duplication, or disclo-

sure by the government, is subject to restrictions as set fort in subparagraph (c) (I) (ii) of the Rights in Technical Data and Computer Software

clause as DFARS 252.227-7013 or subparagraphs (c) (1), (2) and (3) of the Commercial Computer Software – Restricted Rights at 48 CFR

52.227-19, as applicable, and any amendments thereto. Contractor/manufacturer is Code Blue Corporation, 259 Hedcor Street, Holland, Michi-

gan 49423 USA. This Agreement is governed by the laws of the State of Michigan.

For more information about Code Blue’s licensing policies, please call Code Blue at 800.205.7186.

Advertising