End User License Agreement
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. BY INSTALLING ANY PORTION OF THIS PACKAGE OR CLICKING ON THE "ACCEPT" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON.
License Grant
The package contains software ("Software") and related explanatory written materials ("Documentation"). "Software" includes any upgrades, modified versions, updates, additions and copies of the Software. "You" means the person or company who is being licensed to use the Software or Documentation. "We" and "us" means AR Products Inc.
We hereby grant you a nonexclusive license to use one copy of the Software on any single computer, provided the Software is in use on only one computer at any time. The Software is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer—for example, a hard disk, CD-ROM or other storage device.
Intellectual Property Title
We remain the owner of all right, title and interest in the Software and Documentation.
And we remain the owner of all right, title and interest in any patent rights, invention rights, trademark rights, copyrights and trade secrets surrounding or related to the Software and Documentation.
Archival or Backup Copies
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.
Things You May Not Do
The Software and Documentation are protected by United States copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material--for example a book. You may not:
• • copy the Documentation,
• • copy the Software except to make archival or backup copies as provided above,
• • modify or adapt the Software or merge it into another program,
• • reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software,
• • place the Software onto a server so that it is accessible via a public network such as the Internet, or
• • sublicense, rent, lease, assign or transfer your rights in the Software or Documentation or any portion of the Software or Documentation.
Limited Warranty
To the extent permitted by applicable law, We make no Warranties or Conditions, Representations, or terms (express or implied whether by Statute, Common Law, Custom, Usage or Otherwise) as to any matter, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this disclaimer of warranty, nor to make any additional warranties.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Limited Liability
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Term and Termination
This license agreement takes effect upon your use of the software and remains effective until 11:59p EST October 31, 2009. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to either return to us or destroy all copies of the Software and Documentation for which you are responsible under this license agreement.
Confidentiality
The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
General Provisions
1. This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any and all prior oral or written agreements, negotiations or other dealings between us concerning the Software.
2. This license agreement may be modified only by a writing signed by you and us.
3. This license agreement is governed by the laws of the Commonwealth of MA.
4. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
BY POINTING TO AND CLICKING ON THE ‘ACCEPT’ BUTTON, YOU HAVE MANIFEST YOUR UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF THIS USER LICENSE AGREEMENT. IF YOU DO NOT UNDERSTAND OR ACCEPT ITS TERMS, POINT TO AND CLICK ON THE ‘DO NOT ACCEPT’ BUTTON.
©2009 AR Products, LLC