LICENSE AGREEMENT, LIMITED WARRANTY AND DISCLAIMER
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE OPENING THE ENCLOSED PACKAGE. This Agreement is legally binding upon you and any end user. By opening this sealed package, you are agreeing to each term of this Agreement, including the software license, limited warranty and disclaimer. If you do not agree with these terms, promptly return the unopened package to Sirchie Finger Print Laboratories, Inc.
As a party to this License Agreement, you, the Licensee, agree to the following terms and conditions.
1. SOFTWARE OWNERSHIP. As the Licensee, you own the disk(s) on which the program ("Software") is recorded or fixed. Sirchie Finger Print Laboratories, Inc. ("Licensor") shall retain full and complete title to the Software recorded on the enclosed disk(s) and to all subsequent copies of the Software, regardless of the media on or in which the original disks or other copies may exist, including copies made in violation of the terms of this License. This License shall not be considered a "sale" of the original Software.
2. LICENSE GRANT. Licensor grants to Licensee a nonexclusive right to use and display this copy of the Software at any location in object code only. All rights not expressly granted to Licensee are reserved to Licensor.
3. COPYRIGHT RESTRICTIONS. This Software and the accompanying content (printed, written or otherwise) are copyrighted. Unauthorized copying of the Software, including those instances where the Software has been modified, merged, or included with other Software or of the printed or written materials, for any reason, is expressly forbidden. Licensee may be held liable for copyright infringement that results from such unauthorized copying or use.
4. RESTRICTIONS ON USE. In order to use and display the Software, Licensee may transfer the Software from one computer to another and may copy and otherwise electronically transfer the Software to multiple computers over a network system, provided the Software is transferred in its entirety and in its original form with all distributed files.
LICENSEE SHALL NOT, without prior written consent of Licensor (such consent to be granted or withheld at Licensor's sole discretion for any reason) ,
a. modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software; or
b. modify, adapt, translate or create derivative works based on the printed, electronic, or written materials.
5. ASSIGNMENT OR TRANSFER. Licensee may not transfer the Software or any accompanying printed materials to any other party.
6. TERMINATION. This License Agreement will automatically terminate if Licensee fails to comply with any terms of this Agreement. No notice shall be required from Licensor to effect such termination. Upon termination, Licensee shall immediately destroy the software, all copies thereof, and the printed or written materials, or return all of the same to Licensor at Licensee's expense.
LIMITED WARRANTY AND DISCLAIMER
The software and accompanying materials are provided "as is" without warranty of any kind, either expressed or implied. The complete risk as to the quality and performance of any non-warranted program is with you. Should the program prove defective, you assume the entire cost of all necessary servicing, repair or correction.
Sirchie makes no warranty or representation that the function contained in its program will meet your requirements or that the operation of the program will be uninterrupted or error free or that any program defects are correctable. Licensee hereby agrees and understands that this Software is provided solely for the evaluation of fingerprint / palmprint comparison software.
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVE BY SIRCHIE, THEIR DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. THE DURATION OF ANY IMPLIED WARRANTY SHALL BE LIMITED TO THE DURATION OF THE LIMITED WARRANTIES SET FORTH HEREIN.
REMEDIES. IN NO EVENT SHALL SIRCHIE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNTIVE DAMAGES FOR TORT, CONTRACT, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF THE USE, OR INABILITY TO USE THE SOFTWARE EVEN IF SIRCHIE WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM BY YOU OR ANY OTHER PERSON. In any event, Sirchie's entire liability and your exclusive remedy for any claims whatsoever arising out of or in connection with the Software shall be limited to replacing the defective media.
SOME STATES DO NOT ALLOW LIMITATIONS ON THE LENGTH OF AN IMPLIED WARRANTY OR THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties hereto relating to the subject matter hereof and supersedes all prior or contemporaneous representations or agreements of the parties whether written or oral. No waiver or modification of any of the terms hereof shall be valid unless in writing and signed by all parties. No waiver of any breach shall be deemed a waiver of any subsequent breach. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall not be effected.
GOVERNING LAW. This Agreement and Limited Warranty are governed by the laws of the State of North Carolina.
