E-Mon Energy Software - Manual (Page 219)

E-MON LICENSE AGREEMENT
This is a contract between you, the end user, and E-Mon. If you open this sealed package, you agree to be
bound by the terms of this contract. If you do not wish to be bound by the terms of this contract, do not open
the sealed package. Immediately return the unopened package and the accompanying items (including written
materials and binders or other containers) to the point of purchase for a full refund.
1. COPYRIGHT/PROPRIETARY PROTECTION – The software which accompanies this License
Agreement (the “SOFTWARE”) and the copyright on the SOFTWARE are owned by E-Mon or its
suppliers and the SOFTWARE is protected by United States and international copyright laws. You may
not copy, modify or distribute the SOFTWARE or the written materials which accompany it, except as
otherwise provided in this Agreement. You may either make one copy of the SOFTWARE solely for
backup or archival purposes or transfer the SOFTWARE to a single hard disk, provided you keep the
original solely for backup or archival purposes. Your right to use the SOFTWARE terminates
automatically if you violate any part of this Agreement.
2. GRANT OF LICENSE – E-Mon grants you the right to use one copy of the enclosed SOFTWARE on a
single terminal connected to a single computer. You may not network the SOFTWARE or otherwise
use it on more than one computer or computer terminal at the same time.
3. OTHER RESTRICTIONS – You may not modify, reverse-engineer, disassemble, decompile, translate
or merge the SOFTWARE with another software or make any attempt to discover the source code of the
SOFTWARE. You may not sublicense, rent, or lease any portion of the SOFTWARE. You may, after
written notification and approval from E-Mon, assign the SOFTWARE in its entirety to another person
or entity, provided you do not keep any copies of the SOFTWARE and the recipient agrees to the terms
of this Agreement. If you have received an update to the SOFTWARE, any assignment of the
SOFTWARE must include all updates and all prior versions of the SOFTWARE.
4. DUAL MEDIA SOFTWARE – If the SOFTWARE is on both CD-ROM and floppy disk, you may use
the SOFTWARE only on the disk which is appropriate for your computer. You may not use the other
media on another computer, or loan, rent, lease or transfer them to anyone else except as part of the
assignment of the SOFTWARE (as permitted above).
5. LIMITED WARRANTY – E-Mon warrants that the media on which the SOFTWARE is supplied will
be free from defects in materials and workmanship and that the SOFTWARE will perform substantially
in accordance with the documentation supplied with the SOFTWARE by E-Mon for 90 days from the
time you receive the SOFTWARE. No information or advice given by E-Mon distributors, agents or
employees will in any way affect the scope of this warranty. This warranty does not cover any part of
the SOFTWARE which has been modified from its original manufactured condition, improperly
installed, abused or misused, or in connection with equipment or materials not supplied or recommended
by E-Mon.
6. THE WARRANTIES GIVEN HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH ARE HEREBY
DISCLAIMED TO THE FULLEST EXTENT BY LAW. E-Mon’s sole liability for breach of the
warranties in this agreement is the repair or replacement of the SOFTWARE. IN NO EVENT SHALL
E-MON BE LIABLE FOR CONSEQUENTIAL LOSSES OR INCIDENTAL DAMAGES, such as
property damages or economic losses caused by a product, even if it was made aware of the possibility
of such losses or damages.
7. This Agreement shall be governed by the laws of the State of New Jersey.