for InaGrid.ocx version 2 (32 bit ActiveX control)
This is a legal agreement between you (either an individual or an entity - the end user) and Inabyte Inc. regarding use of the software accompanying this Agreement ("Product").
By installing, copying, or otherwise using the Product, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the Product.
1. GRANT OF LICENSE. Inabyte grants you ("Recipient") a limited, non-exclusive, nontransferrable, royalty-free license to use the enclosed Software. All other rights are reserved to Inabyte. Recipient shall not rent, lease, sell, sublicense, assign, or otherwise transfer the Product or accompanying printed materials ("Documentation"), if any. Recipient may not reverse engineer, decompile the Product, except to the extent that the foregoing restriction is expressly prohibited by local law. Inabyte shall retain title and all ownership rights to the product, and this Agreement shall not be construed in any manner as transferring any rights of ownership or license to the Product or to the features or information therein, except as specifically stated herein.
2. TERM OF AGREEMENT. The term of this Agreement shall commence immediately and is effective until termination. You may terminate the license at any time by destroying the Software and all copies thereof. The License will terminate immediately without notice if you fail to comply with any provision of this License.
3. PRODUCT MAINTENANCE. Inabyte is not obligated to provide maintenance or updates to Recipient for Product licensed under this Agreement.
4. DISCLAIMER OF WARRANTY. Product is deemed accepted by Recipient. The PRODUCT is provided "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INABYTE FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH RECIPIENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INABYTE OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT OR DOCUMENTATION, EVEN IF INABYTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO RECIPIENT.
5. GOVERNING LAW; ATTORNEYS FEES. This Agreement shall be governed by the laws of the State of California and Recipient further consents to jurisdiction by the state and federal courts sitting in the State of California. If either Inabyte or Recipient employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees.
6. EXPORT RESTRICTIONS. Recipient acknowledges that the Product and Documentation acquired hereunder are subject to the export control laws and regulations of the U.S.A., and any amendments thereof. Recipient confirms that with respect to these Product and Documentation, it will not export or re-export them, directly or indirectly, either to any countries that are subject to U.S.A export restrictions. Recipient also acknowledges that the Product may include technical data subject to export and re-export restrictions imposed by U.S.A. law.
Should you have any questions concerning this Agreement, or if you desire to contact Inabyte for any reason, please write: Inabyte Inc., 5 Betty Lane, Novato, CA 94947.
7. Copyright Notice. The software and accompanying manuals are copyrighted with all rights reserved by Inabyte Inc., under United States Copyright Laws.
