END USER LICENSE AGREEMENT
I-VIEW/I-VIEW PRO
CAUTION.
This is a legally binding and enforceable Agreement between
you (which is you personally if you are acting on your own
behalf, or which is the organization, corporation, or other
entity on whose behalf you are acting) and EnReach Technology
Inc., hereinafter called EnReach. By loading this software onto
a computer, you are agreeing to be bound by the terms, conditions,
and limitations of this Agreement. Please read them carefully.
This Agreement has 4 parts. Part I applies if you have
not purchased a license to the accompanying software (the
"Software"). Part II applies if you have purchased a
single copy license to the Software. Part III applies if
you have purchased a royalty free license to the Software.
Part IV contains additional grant terms. If you initially
acquired a copy of the Software without purchasing a license
and you wish to purchase a license, contact EnReach
Technology, Inc.("EnReach") on the Internet at
http://www.enreach.com.
PART I -- TERMS APPLICABLE WHEN LICENSE FEES
NOT (YET) PAID (LIMITED TO EVALUATION USE) GRANT.
EnReach Technology, Inc. ("EnReach") grants you a
no-charge trial license to use I-View ("Software") solely
for evaluation purposes. You may not use the Software for
any development, commercial, or production purpose. You may
give trial copies of the Software to others to permit them
to use the Software under the same restrictions as are in
this Agreement, provided that you do not charge a fee for
doing so. You must purchase a full-use license if you wish
to do any of the following: (a) use the Software after the
end of trial period, or (b) use the Software for any development,
commercial, or production purpose, or (c) distribute the
Software for any such use.
Disclaimer of Warranty:
Free of charge Software is provided on an "AS IS" basis,
without warranty of any kind, including without
limitation the warranties of merchantability, fitness for
a particular purpose and non-infringement. The entire
risk as to the quality and performance of the Software is
borne by you. Should the Software prove defective, you
and not EnReach assume the entire cost of any service
and repair. In addition, the security mechanisms
implemented by EnReach software have inherent
limitations, and you must determine that the Software
sufficiently meets your requirements. This disclaimer of
warranty constitutes an essential part of the agreement.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED
WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU
MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
PART II -- TERMS APPLICABLE WHEN SINGLE COPY
LICENSE FEES PAID.
GRANT. Subject to payment of applicable license fees,
EnReach grants to you a non-exclusive license to use the
Software and accompanying documentation ("Documentation")
in the manner described below:
You may:
* use the Software on any single computer;
* use the Software on a network, provided that each
person accessing the Software through the network
must have a copy licensed to that person;
* use the Software on a second computer so long as only
one copy is used at a time;
* copy the Software for archival purposes, provided any
copy must contain all of the original Software's
proprietary notices; or
You may not:
* permit other individuals to use the Software except
under the terms listed above;
* permit concurrent use of the Software;
* modify, translate, reverse engineer, decompile,
disassemble (except to the extent applicable laws
specifically prohibit such restriction), or create
derivative works based on the Software;
* copy the Software other than as specified above;
* rent, lease, grant a security interest in, or
otherwise transfer rights to the Software;
* remove any proprietary notices or labels on the
Software;
* distribute copies of the software; or
* disclose the results of any benchmark tests of the
Software to any third party without EnReach's
prior written approval.
PART III -- TERMS APPLICABLE WHEN ROYALTY-FREE
LICENSE FEES PAID.
GRANT. Subject to payment of applicable license fees,
EnReach grants to you a non-exclusive license to use the
Software and accompanying documentation ("Documentation")
in the manner described below:
You may:
* reproduce and distribute royalty-free, binary executable
files which contain some or all of the Software, also in
binary executable form as long as this reproduction and
distribution is performed only by the legal entity to whom
the Software is licensed to;
* copy the Software for archival purposes, provided any
copy must contain all of the original Software's
proprietary notices; or
You may not:
* permit other individuals or entities to use or distribute
the Software except under the terms listed above;
* modify, translate, reverse engineer, decompile,
disassemble (except to the extent applicable laws
specifically prohibit such restriction), or create
derivative works based on the Software;
* copy the Software other than as specified above;
* rent, lease, grant a security interest in, or
otherwise transfer rights to the Software; or
* remove any proprietary notices or labels on the
Software.
* disclose the results of any benchmark tests of the
Software to any third party without EnReach's
prior written approval.
PART IV -- ADDITIONAL TERMS
LIMITED WARRANTY (APPLIES ONLY TO SOFTWARE FOR
WHICH LICENSE FEES HAVE BEEN PAID AS DESCRIBED
IN PART II AND PART III OF THIS LICENSE AGREEMENT)
EnReach warrants that for a period of thirty (30) days
from the date of acquisition, the Software, if operated
as directed, will substantially achieve the functionality
described in the Documentation. EnReach also
warrants that the media containing the Software, if
provided by EnReach, is free from defects in material
and workmanship and will so remain for thirty (30) days
from the date you acquired the Software. EnReach does not
warrant, however, that your use of the Software will be
uninterrupted, that the operation of the Software will
be error-free, or that the functions contained in the
Software will meet your requirements. EnReach's sole
liability for any breach of this warranty shall be, in
EnReach's sole discretion: (i) to replace your defective
media; or (ii) to advise you how to achieve substantially
the same functionality with the Software as described in
the Documentation through a procedure different from that
set forth in the Documentation; or (iii) if the above
remedies are impracticable, to refund the license fee you
paid for the Software. Repaired, corrected, or replaced
Software and Documentation shall be covered by this
limited warranty for the period remaining under the
warranty that covered the original Software, or if
longer, for thirty (30) days after the date (a) of
shipment to you of the repaired or replaced Software, or
(b) EnReach advised you how to operate the Software so
as to achieve the functionality described in the
Documentation. Only if you inform EnReach of your
problem with the Software during the applicable warranty
period and provide evidence of the date you purchased a
license to the Software will EnReach be obligated to
honor this warranty. EnReach will use reasonable
commercial efforts to repair, replace, advise or, for
individual consumers, refund pursuant to the foregoing
warranty within 30 days of being so notified.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY
MADE BY ENREACH. ENREACH MAKES NO OTHER EXPRESS
WARRANTY AND NO WARRANTY OF NONINFRINGEMENT OF THIRD
PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE,
IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO
YOU. NO ENREACH DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED
TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO
THIS WARRANTY. If any modifications are made to the
Software by you during the warranty period; if the media
is subjected to accident, abuse, or improper use; or if
you violate the terms of this Agreement, then this
warranty shall immediately be terminated. This warranty
shall not apply if the Software is used on or in
conjunction with hardware or software other than the
unmodified version of hardware and software with which
the software was designed to be used as described in the
Documentation. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY
JURISDICTION.
TITLE.
Title, ownership rights, and intellectual property rights
in the Software shall remain in EnReach and/or its
suppliers. The Software is protected by the copyright
laws and treaties. Title and related rights in the
content accessed through the Software is the property of
the applicable content owner and may be protected by
applicable law. This License gives you no rights to such
content.
TERMINATION.
The license will terminate automatically if you fail to
comply with the limitations described herein. On
termination, you must destroy all copies of the Software
and Documentation.
U.S. GOVERNMENT RESTRICTED RIGHTS.
Use, duplication or disclosure by the Government is subject
to restrictions set forth in subparagraphs (a) through (d)
of the Commercial Computer-Restricted Rights clause at FAR
52.227-19 when applicable, or in subparagraph (c)(1)(ii)
of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013, or at 252.211-7015, or to
EnReach's standard commercial license, as applicable,
and in similar clauses in the NASA FAR Supplement.
Contractor/manufacturer is EnReach Technology, Inc.
50 Airport Parkway, San Jose, CA 95110.
HIGH RISK ACTIVITIES.
The Software is not fault-tolerant and is not designed,
manufactured or intended for use or resale as on-line
control equipment in hazardous environments requiring
fail-safe performance, such as in the operation of
nuclear facilities, aircraft navigation or communication
systems, air traffic control, direct life support
machines, or weapons systems, in which the failure of the
Software could lead directly to death, personal injury,
or severe physical or environmental damage ("High Risk
Activities"). EnReach and its suppliers specifically
disclaim any express or implied warranty of fitness for
High Risk Activities.
MISCELLANEOUS.
If the copy of the Software you received was accompanied
by a printed or other form of "hard-copy" End User
License Agreement whose terms vary from this Agreement,
then the hard-copy End User License Agreement governs
your use of the Software. THE ACCEPTANCE OF ANY PURCHASE
ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR
ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR
PURCHASE ORDER. If any provision of this Agreement is held
to be unenforceable, such provision shall be reformed only to
the extent necessary to make it enforceable and will not
affect the validity of any other section, term, condition,
or limitation set forth herein. This Agreement shall be
governed by California law (except for conflict of law
provisions). The application the United Nations Convention
of Contracts for the International Sale of Goods is expressly
excluded.
You also agree and authorize EnReach, or its authorized
representative, access to any location where the Software is
being used in order to verify that your use of the Software
complies with all of the terms, conditions, and limitations
set forth in this License Agreement.
This license agreement constitutes the entire understanding
between the parties hereto and supersedes any and all prior
or contemporaneous oral or written agreements, understandings,
representations, or communications between the parties. It
may amended only by a writing executed by both parties. All
of your obligations and responsibilities under this License
Agreement shall survive its termination for any reason.
LIMITATION OF LIABILITY.
ENREACH SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR
DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN
AN ACTION IN CONTRACT OR TORT, EVEN IF YOU OR ANY OTHER
PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.