Docklight RS232 Terminal - RS232 Monitor distribution permissions and end-user license agreement
Flachmann und Heggelbacher
Software End User License Agreement
For 1 (one) Computer
NOTICE TO USER:
THIS IS A CONTRACT BETWEEN YOU AND "FLACHMANN UND HEGGELBACHER" ("FuH"), A COMPANY LOCATED IN NEURIED, GERMANY. BY INDICATING YOUR ACCEPTANCE BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. This License Agreement accompanies an FuH(r) software product ("Software") and related explanatory written materials ("Documentation"). This copy of the Software is licensed to you as the end user or to your employer or another third party authorized to permit your use of the Software. "You" as used in the remainder of this License Agreement refers to the licensee.
Upon your acceptance of this Agreement, FuH grants to you a non-exclusive license to use the Software and Documentation, provided that you agree to the following:
1. Use of the Software.
* Install the Software in a single location on a hard disk or other storage device on a single computer.
* Make one backup copy of the Software, provided your backup copy is not installed or used on any computer.
* Home Use: The primary user of each computer on which the Software is installed or used may also install the Software on one home or portable computer. However, the Software may not be used on the secondary computer by another person at the same time the Software on the primary computer is being used.
2. Copyright. The Software is the intellectual property of FuH and its suppliers and is protected by German copyright law, international treaty provisions, and applicable laws of the country in which it is being used. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. Except as may be expressly permitted under the European Directive on the Legal Protection of Computer Programs (14 May 1991), you agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.
3. Transfer. You may not rent, lease, sublicense, or lend the Software or Documentation. You may, however, transfer all your rights to use the Software to another person or legal entity provided that you transfer this Agreement, the Software, including all copies, updates and prior versions, and all Documentation to such person or entity and that you retain no copies, including copies stored on a computer.
4. Limited Warranty. FuH warrants to you that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following your receipt of the Software. To make a warranty claim, you must return the Software to the location where you obtained it along with a copy of your sales receipt within such ninety (90) day period. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability of FuH and its suppliers, and your exclusive remedy shall be limited to either, at FuH's option, the replacement of the Software or the refund of the license fee you paid for the Software.
FuH AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR FuH'S OR ITS SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, FuH AND ITS SUPPLIERS MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL FuH OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN FuH REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days. This warranty gives you specific legal rights. You may have other rights which vary from state to state or jurisdiction to jurisdiction. For further warranty information, please contact FuH's Customer Support Department.
5. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of FuH.