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The
software is subject to the terms and conditions detailed in the
following license agreement.
NOTICE:
J.P. INSTRUMENTS LICENSES THE ENCLOSED SOFTWARE TO YOU ONLY UPON
THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS
LICENSE AGREEMENT. YOUR DOWNLOADING OF J.P. INSTRUMENTS SOFTWARE
IMPLIES THAT YOU AGREE TO THE TERMS AND LIMITATIONS OF THIS LICENSING
AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN JP INSTRUMENTS
IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, IN WHICH CASE YOU SHOULD
,NOT DOWNLOAD THE SOFTWARE, NOT USE THE SOFTWARE AND REMOVE THE
SOFTWARE FROM YOUR SYSTEM. BY DOWNLOADING THE RESPECTIVE SOFTWARE,
YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS
AGREEMENT. LICENSE:
The
software which accompanies this license (the "Software") is the
property of JP INSTRUMENTS or its licensors and is protected by
copyright law. While JP INSTRUMENTS continues to own the Software,
you will have certain limited rights to use the Software after your
acceptance of this license. Your rights and obligations with respect
to the use of this Software are as follows:
You may:
| i. |
use
one copy of the Software on a single computer; |
| ii. |
make
one copy of the Software for archival purposes, or copy the
software onto the hard disk of your computer and retain the
original for archival purposes; |
You
may not:
| i. |
copy
the documentation which accompanies the Software; |
| ii. |
sublicense, rent or lease any portion of the Software; or |
| iii. |
reverse
engineer, decompile, disassemble, modify, translate, make any
attempt to discover the source code of the Software, or create
derivative works from the Software. |
Warranty
Disclaimer:
JP
INSTRUMENTS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY
OF THIS SOFTWARE FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS SOFTWARE
IS PROVIDED GRATUITOUSLY AND, ACCORDINGLY, JP INSTRUMENTS SHALL
NOT BE LIABLE UNDER ANY THEORY OR ANY DAMAGES SUFFERED BY YOU OR
ANY USER OF THE SOFTWARE. JP INSTRUMENTS WILL NOT SUPPORT THIS SOFTWARE
AND WILL NOT ISSUE UPDATES TO THIS SOFTWARE.
Disclaimer
of Damages:
REGARDLESS
OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE,
IN NO EVENT WILL JP INSTRUMENTS BE LIABLE TO YOU FOR ANY SPECIAL,
CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS
OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE
EVEN IF JP INSTRUMENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Compliance
With Applicable Law: You agree to abide by the copyright law and
all other applicable laws of the United States including, but not
limited to, export control laws. You acknowledge that the Software
in source code form remains a confidential trade secret of JP INSTRUMENTS
and/or its suppliers and therefore you agree not to modify the Software
or attempt to decipher, decompile, disassemble or reverse engineer
the Software, except to the extent applicable laws specifically
prohibit such restriction.
U.S.
Government Restricted Rights: RESTRICTED RIGHTS LEGEND. 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 or subparagraphs
(c) (1) and (2) of the Commercial Computer Software-Restricted Rights
clause at 48 CFR 52.227-19, as applicable, JP INSTRUMENTS Corporation,
3402-I West MacArthur Blvd., Santa Ana CA 92704.
Termination:
JP INSTRUMENTS may terminate the right to use the Software on notice
to you (which may be delivered electronically by the same means
as this Software is distributed), and you may terminate this license
at any time by destroying or erasing your copy of the Software.
Upon the termination of this license, you must discontinue all use
of the Software and remove the Software from your system. J.P. INSTRUMENTS
reserves the right at any time to cease the support of the Software
and to alter prices, features, specifications, capabilities, functions,
licensing terms, release dates, general availability or other characteristics
of the Software. General: This Agreement will be governed by the
laws of the State of California. This Agreement may only be modified
by written document which has been signed by both you and JP INSTRUMENTS.
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