Visara iCON-XT - Manual (Page 3)

707096-005 iii
Software License Agreement
You should carefully read the following terms and conditions before operating the unit. It contains
software, the use of which is licensed by Visara International (“Visara”) to you for your use only as set
forth below. Installation of the unit indicates your acceptance of these terms and conditions. If you do
not agree with them, you should promptly return the complete system, including documentation, and
your money will be refunded.
1 LICENSE. In consideration of your payment of the license fee, Visara grants to you a nontransferable and nonexclusive license to
use the enclosed proprietary software program and any documentation relating thereto (collectively referred to as the “Program”) on a
single computer at a single location, or in the case of multiprocessor versions of the Program, on one node of a network. You assume all
responsibility for the selection of the Program to achieve your intended results and for the installation, use, and results obtained from
the Program.
2 PROGRAM OWNERSHIP. You own the physical media on which the Program is originally or subsequently recorded or fixed. This
Agreement does not transfer title and ownership of the Program or any underlying rights, patents, copyrights, trademarks, and trade
secrets.
3 RESTRICTIONS. The Program, including the accompanying documentation, is copyrighted. Unauthorized copying of the Program,
including a Program that has been modified, merged, or included with other software program(s) is expressly forbidden. You may not
copy the documentation accompanying the Program. You may make one copy of the Program (excluding accompanying
documentation) into any machine readable or printed form solely for backup purposes in support of your use of the Program on a
single computer (certain Programs, however, may include mechanisms to limit or inhibit copying). You must reproduce and include the
Proprietary Notices (as defined below) on the backup copy. You must maintain an accurate record of the location of the backup copy at
all times. You may not electronically transfer the Program from one computer to another over a network. You may not distribute copies
of the Program to others. You may modify the Program and/or merge it into another program for your use on the single computer. Any
portion of this Program merged into another program will continue to be subject to the terms and conditions of this Agreement. You
may not modify, adapt, translate, reverse engineer, decompile, or disassemble, or in any manner decode the Program in order to derive
source code. You agree to never remove any patent, copyright, trademark, or other proprietary notices (collectively referred to as the
“Proprietary Notices”) or product identification affixed to the Program.
Any attempted sublicense, assignment, rental, sale, or other transfer of the Program or any right thereto shall be null and void. You may not
use, copy, or modify the Program, or any copy, modification, or merged portion, in whole or in part, except as expressly provided for in
this Agreement.
4 TERM. The license granted under this Agreement is effective until terminated. You may terminate it at any other time by destroying
the Program together with all copies, modifications, and merged portions in any form. It will also terminate if you fail to comply with
any term or condition of this Agreement. You agree upon such termination to destroy the Program together with all copies,
modifications, and merged portions in any form, and to certify to Visara that they have been destroyed. Upon termination there will be
no refund of any monies or other consideration paid by you.
5 LIMITED WARRANTY. The Program is Provided “as is” without warranty of any kind, either expressed or implied, including, but
not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and
performance of the Program is with you. Should the Program prove defective, you (and not Visara or its licensors, affiliates,
contractors, suppliers, or agents) assume the entire cost of all necessary servicing, repair, or correction.
Visara and/or its licensors do not warrant that the functions contained in the Program will meet your requirements or that the operation of the
Program will be uninterrupted or error free. However, Visara and/or its licensors warrant the media on which the Program is furnished to be free
from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery.
6 LIMITATIONS OF REMEDIES. Visara’s and/or its Licensors’ entire liability and your exclusive remedy shall be: (1) the replacement
of any media not meeting the “Limited Warranty” which is returned postage prepaid to Visara or an authorized representative with
proof of payment; or (2) if Visara and/or its licensors are unable to deliver replacement media which is free from detects in materials or
workmanship, you may terminate this Agreement by returning the Program and your money will be refunded.
In no event will Visara, its licensors, affiliates, contractors, suppliers, and agents be liable to you for any damages, including any lost profits,
lost savings, or other incidental or consequential damages arising out of the use or inability to use such Program (whether based on an action or
claim in contract, tort, or otherwise) even if Visara, its licensors, affiliates, contractors, suppliers, and agents have been advised of the
possibility of such damages or for any claim by any other party.
This Agreement will be governed by the laws of the State of North Carolina. Should you have any questions concerning this Agreement, please
contact your Visara Sales Representative or Visara International, 6833 Mt. Herman Rd., Morrisville, North Carolina 27560.
You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. You further
agree that it is the complete and exclusive statement of the Agreement between us which supersedes any proposal or prior Agreement,
oral or written, and any other communications between us relating to the subject matter of this Agreement.