License agreement – Metric Halo SpectraFoo User Manual

Page 112

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13. License Agreement

LICENSE AGREEMENT

METRIC HALO DISTRIBUTION, INC.

SOFTWARE LICENSE AGREEMENT AND WARRANTY

IMPORTANT - PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING
AND USING THE SOFTWARE.

By installing the Software, the Licensee is consenting to be bound by and becoming a party to this Agreement. IF
YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE MEDIA ON WHICH
THE SOFTWARE IS FURNISHED, WRITTEN MATERIALS, HARDWARE (IF ANY), AND OTHER ITEMS WHICH
ARE PART OF THIS PRODUCT TO THE PLACE WHERE YOU OBTAINED THEM FOR A FULL REFUND.

This legal document is an agreement between you, the user (Licensee), and Metric Halo Distribution, Inc.
(hereinafter “MH”, Licensor). LICENSEE ACKNOWLEDGES HAVING READ, UNDERSTOOD, AND AGREES
TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDES THE SOFTWARE LICENSE,
LIMITED WARRANTY, EXCLUSIONS OF LIABILITY AND PROPERTY RIGHTS OF THE LICENSOR.

1. SOFTWARE LICENSE TERMS

Licensee agrees to install and use the Software on one (1) computer at a time. The Software may not be
networked. The Software may not be duplicated or reproduced in any form whatsoever, except as required to
execute the software on the licensed machine. Any required additional copies can be purchased directly from
MH or its authorized distributor. Further, if any modifications are made to the Software by Licensee during
the warranty period; if the media is subjected to accident, abuse, or improper use; or if Licensee violates the
terms of this Agreement, then the warranty shall immediately terminate and MH shall have no responsibility
to replace the Software or refund the purchase price. Moreover, this warranty shall not apply if the Software
is used on or in conjunction with hardware or software other than the unmodified version of hardware and
software with which the Software was designed to be used as described in the documentation. Any failure of
Licensee to comply with this provision is a material breach of this Agreement. Licensee agrees that it will not
attempt to alter, disassemble, decrypt, or reverse engineer the Software.

2. EXPORT LAW ASSURANCES

Licensee acknowledges that the laws and regulations of the United States restrict the export and re-export of
commodities and technical data of United States origin, including the Software. Licensee agrees that it will not
export or re-export the Software in any form without the appropriate United States and foreign government
licenses. Licensee agrees that its obligations pursuant to this section shall survive and continue after any ter-
mination or expiration of rights under this Agreement. In any event, the Licensee may not export or re-export
the subject Software without the express written permission of MH.

3. TRANSFER OF LICENSE

Licensee is permitted to transfer this license of the Software and all rights under this agreement to a third party
only after the Software has been removed from the computer on which it was installed. The Licensee must
request a license transfer from Metric Halo Laboratories, Inc. prior to the transfer of the Software. In the event
that the license is transferred and/or exported or re-exported to the extent permitted by this Agreement, any
such transferee must agree in writing to be bound by the terms of this License Agreement.

4. LIMITED WARRANTY ON MEDIA

MH warrants that, for a period of three (3) months from the date of purchase, the media on which the Software is
furnished will be free from any physical defects in materials and workmanship and that the Software program is
properly recorded. If the Software is not recorded or contains physical defects in materials and/or workmanship,

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