Please read this License Agreement carefully before opening this package or using this product. By opening this package or using the product you agree to be bound by the terms of this License Agreement. If you do not accept or agree to these terms, you must immediately destroy the product or it to MSC.
MSC Industrial Supply Co., 75 Maxess Rd., Melville, New York 11747-3151, ("MSC") shall grant you a non-exclusive, non-transferable license to use the enclosed Electronic Catalog , including without limitation the software programs, text, data, photographs, and other material therein (the "Work"), for your internal use, on the following terms and conditions:
1. Ownership. This is a license, and not a sale. MSC retain full and complete title to the Work and all copies of the Work, including without limitation copies made pursuant to or in violation of the terms of this License Agreement.
2. License Grant. MSC grants you a non-exclusive license to install and use the Work on a single computer at a single location within your organization, or on a single Local Area Network (LAN) accessible solely within your organization ("Authorized Use"), subject to all of the terms hereof. All rights not expressly granted to you are reserved by MSC.
3. Copyright. The Work is copyrighted, and is owned exclusively by MSC. Nothing in this Agreement constitutes a waiver of MSC's rights under United States Copyright laws or any other federal or state law.
4. Restrictions on Use. You shall not, without the prior written consent of MSC (which consent may be granted or withheld at MSC's sole discretion): (a) adapt, modify, translate, reverse engineer, decompile, disassemble, decrypt, or make a derivative work of the Work or any part thereof; (b) copy the whole or any part of the Work, or distribute the same to others, except as necessary to install the Work in accordance with the terms of this Agreement, and except that you may make a copy of the Work solely for backup purposes, provided that you reproduce on such backup copy all MSC proprietary rights notices; or (c) reproduce, transfer, publish, rent, sublicense, lease or otherwise distribute the Work or any part thereof.
5. Term. You may terminate this License Agreement by destroying or returning the Work to MSC. This License Agreement and your right to use the Work shall automatically terminate if you fail to comply with any of its terms. Upon termination, all rights and licenses granted to you under this License Agreement shall terminate effective immediately, and you shall immediately destroy the Work, all copies thereof or return the same to MSC at your expense, and remove the Work or any portion thereof from any electronic equipment in your possession or under your control.
6. Warranty Disclaimer. The complete risk as to the quality and performance of the Work is with you. Neither MSC nor its affiliates nor any of their respective employees or agents warrant that the functions contained in the Work will meet your requirements or that the operation of the Work will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from use of the Work, or as to the accuracy, reliability, completeness or content of any information contained in the Work.
WITHOUT LIMITING THE FOREGOING, THE WORK IS PROVIDED TO YOU WITHOUT CHARGE, ON AN "AS IS" BASIS, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS 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 GIVEN BY MSC OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS SHALL CREATE A WARRANTY.
7. Limitation Of Liability. IN NO EVENT WILL MSC BE LAIBLE TO YOU OR ANY THIRD PARTY FOR LOSS OF BUSINESS OR PROFITS, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE WORK, EVEN IF MSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM BY YOU OR ANY OTHER PERSON.
8. U. S. Government Restricted Rights. The enclosed Work is provided with restricted rights. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraphs (a) through (d) of the Commercial Computer Restricted Rights clause at FAR Section 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, and similar clauses in the NASA FAR Supplement. Contractor is MSC Industrial Supply Co., 75 Maxess Rd., Melville, New York 11747-3151.
9. Export Controls. You may not upload or otherwise export or re-export the Work or any underlying information or technology except in full compliance with all U.S. and other applicable laws, rules and regulations
10. Assignment. You may not assign or transfer this License Agreement. Any attempt to assign or transfer any of your rights hereunder is void.
11. Governing Law. This License Agreement will be governed by the laws of the State of New York applicable to agreements entered into in and wholly to be performed within that state.
