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License.txt
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2001-10-30
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InnoTek License Agreement
THIS AGREEMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU,
THE END USER, AND INNOTEK SYSTEMBERATUNG GMBH ("INNOTEK").
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY, THEN CLICK
EITHER AGREE OR DISAGREE. BY CLICKING "ACCEPT" YOU ARE
AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU
DO NOT AGREE TO THE TERMS OF THIS LICENSE, CLICK
"DISAGREE" AND RETURN THE CONNECTIX PRODUCT TO THE PLACE
WHERE YOU OBTAINED IT FOR A REFUND.
1. Grant of License. InnoTek grants you the right to use
this copy of the InnoTek software program and accompanying
documentation in written or electronic form (the "Software")
on a single computer (i.e. with a single CPU). You may not
network the software or otherwise use it on more than one
computer or terminal at the same time.
2. Copy Restrictions; Ownership of Software. You own the
media on which the program is recorded; InnoTek retains
title to the Software including copies, regardless of form
or media, and to all copyrights therein. The Software and
accompanying materials are copyrighted. You may either (a)
transfer the Software to a single hard disk and retain the
original Software for back-up purposes, or (b) make one
copy of the Software solely for backup or archival
purposes.
3. Transfer Restrictions. You may transfer the Software
with a copy of this Agreement to another party only on a
permanent basis and only if the other party accepts the
terms and conditions of this Agreement. Upon such
transfer, you must transfer all accompanying written
materials, and either transfer or destroy all copies of the
Software. You may not lease, rent, sublicense, merge,
reverse engineer, decompile or disassemble the Software.
4. Termination. This License is effective until
terminated. The License will terminate automatically
without notice from InnoTek if you fail to comply with
any provision of the License. You may voluntarily
terminate at any time. Upon termination, you agree to
destroy or purge all copies of the Software and
accompanying written materials.
5. LIMITED WARRANTY. As its only warrant under this
Agreement, InnoTek warrants the media, if any, on which
the Software is provided to be free from defects in
materials under normal use for a period of 90 days from the
date of the delivery to you as evidenced by your purchase
receipt. EXCEPT AS EXPRESSLY WARRANTED IN THIS AGREEMENT,
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE PROGRAM IS WITH YOU. INNOTEK DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL
MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM
WILL BE UNINTERRUPTED OR ERROR FREE OR THAT PROGRAM DEFECTS
WILL BE CORRECTED. SOME STATE DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU. THIS WARRANTY GIVES YOU SPECIFIC, LIMITED RIGHTS,
YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
6. LIMITATION OF LIABILITY. InnoTek's entire liability
and your sole remedy under this License is, at InnoTek's
option, either (a) return of payment as evidenced by a copy
of your purchase receipt; or (b) replacement of media not
meeting InnoTek's Limited Warranty. IN NO EVENT WILL
INNOTEK OR ITS VENDORS BE LIABLE FOR ANY DIRECT,
CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS PROFITS, INFORMATION, OR USE) EVEN IF
INNOTEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATE DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
7. Governing Law. This Agreement is governed by the laws
of the Federal Republic of Germany.
8. U.S. Government Restricted Rights. If the Software is
supplied to the United States Government, the Software is
classified as "restricted computer software" as defined
in clause 52.227-19 of the FAR. The United States
Government's rights to the Software are as provided in
clause 52.227-19 of the FAR.
9. Export Law Assurances. You may not use or otherwise
export or reexport the Software except as authorized by
United States law and the laws of the jurisdiction in which
the Software was obtained. In particular, but without
limitation, the Software may not be exported or reexported
(i) into (or to a national or resident of) any U.S.
embargoed country or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the
U.S. Department of Commerce's Table of Denial Orders. By
using the Software, you represent and warrant that you are
not located in, under control of, or a national or resident
of any such country or on any such list.