Reichert IOPac Standard User Manual

Reichert IOPac Standard User Manual Manual pdf 24 page image

24 16010-101 Rev. CEnd User Software License AgreementCAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. IT CONTAINS SOFTWARE, THE USE OFWHICH IS LICENSED BY REICHERT, INC. TO YOU, THE ORIGINAL END USER, FOR YOUR USE ONLY AS SET FORTH BELOW. IF YOU DONOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. USING ANY PART OF THESOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.Software included with this product that are not products of Reichert, Inc. are licensed to you by the software provider. Refer to the licensecontained in the provider’s product for the terms of use before using such products.LICENSE: Reichert, Inc. grants you a nonexclusive license to use the accompanying software program(s) (the “Software”) subject to the terms andrestrictions set forth in this License Agreement. You are not permitted to lease or rent (except under separate mutually agreeable terms set forth inwriting), distribute or sublicense the Software or to use the Software in a time-sharing arrangement or in any other unauthorized manner. Further, nolicense is granted to you in the human readable code of the Software (source code). Except as provided below, this License Agreement does notgrant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the Software.The Software is licensed to be used on any personal computer and/or any IOPac, provided that the Software is used only in connection with IOPac.With respect to the Desktop Software, you may reproduce and provide one (1) copy of such Software for each personal computer or IOPac on whichsuch Software is used as permitted hereunder. With respect to the Device Software, you may use such Software only on one (1) IOPac. Otherwise,the Software and supporting documentation may be copied only as essential for backup or archive purposes in support of your use of the Softwareas permitted hereunder. You must reproduce and include all copyright notices and any other proprietary rights notices appearing on the Software onany copies that you make.Notwithstanding any other provision of this License Agreement, this License Agreement shall not be deemed to apply to the Adobe® Acrobat®Reader software, Palm Inc. software or any other applications software licensed to you by third parties that is included on the same media asReichert, Inc. Software (“Other Software”) if the Other Software provides that the use of the Other Software is subject to the terms and conditions ofthe third party’s license agreement.NO ASSIGNMENT; NO REVERSE ENGINEERING: You may transfer the Software and this License Agreement to another party if the other partyagrees in writing to accept the terms and conditions of this License Agreement. If you transfer the Software, you must at the same time eithertransfer all copies of the Software as well as the supporting documentation to the same party or destroy any such materials not transferred. Exceptas set forth above, you may not transfer or assign the Software or your rights under this License Agreement.Modification, reverse engineering, reverse compiling, or disassembly of the Software is expressly prohibited. However, if you are a European Union(“EU”) resident, information necessary to achieve interoperability of the Software with other programs within the meaning of the EU Directive on theLegal Protection of Computer Programs is available to you from Reichert, Inc. upon written request.EXPORT RESTRICTIONS: You agree that you will not export or re-export the Software or accompanying documentation (or any copies thereof) orany products utilizing the Software or such documentation in violation of any applicable laws or regulations of the United States or the country inwhich you obtained them.TRADE SECRETS; TITLE: You acknowledge and agree that the structure, sequence and organization of the Software are the valuable tradesecrets of Reichert, Inc. and its suppliers. You agree to hold such trade secrets in confidence. You further acknowledge and agree that ownershipof, and title to, the Software and all subsequent copies thereof regardless of the form or media are held by Reichert, Inc. and its suppliers.TERM AND TERMINATION: This License Agreement is effective until terminated. You may terminate it at any time by destroying the Software anddocumentation together with all copies and merged portions in any form. It will also terminate immediately if you fail to comply with any term orcondition of this License Agreement. Upon such termination you agree to destroy the Software and documentation, together with all copies.GOVERNING LAW: This License Agreement shall be governed by the laws of New York State excluding their conflicts of law principles. The UnitedNations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this LicenseAgreement.LIMITED WARRANTY; LIMITATION OF LIABILITY: All warranties and limitations of liability applicable to the Software are as stated on the LimitedWarranty Card or in the product manual accompanying the Software. Such warranties and limitations of liability are incorporated herein in theirentirety by this reference.SEVERABILITY: In the event any provision of this License Agreement is found to be invalid, illegal or unenforceable, the validity, legality andenforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similarintent and economic impact shall be substituted there for.ENTIRE AGREEMENT: This License Agreement sets forth the entire understanding and agreement between you and Reichert, Inc., supersedes allprior agreements, whether written or oral, with respect to the Software, and may be amended only in a writing signed by both parties.