License
License
CONDITIONS BEFORE OPENING THIS MEDIA PACKAGE AND/OR USING THE SOFTWARE. OPENING THIS MEDIA PACKAGE OR INSTALLI NG, COPYING OR OTHERWISE USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE T ERMS AND CONDITIONS WHICH CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (EITHER AN IN DIVIDUAL OR AN ENTITY) AND TILCON SOFTWARE LIMITED. IF YOU DO NOT AGREE WITH THE M, YOU SHOULD PROMPTLY RETURN THIS PACKAGE UNOPENED AND YOUR MONEY WILL BE REFUN DED. YOUR USE OF THE SOFTWARE MAY FURTHER BE SUBJECT TO PROVISIONS CONTAINED IN OTHER AGREEMENTS WITH TILCON, OR SUPPLEMENTARY LICENCING PROVISIONS CONTAINED IN THE MEDIA OR WITHIN THIS PACKAGE. TILCON SOFTWARE LIMITED ("TILCON") PROVIDES THIS PROGRAM AND LICENSES FOR USE. Y OU ASSUME RESPONSIBILITY FOR THE SELECTION OF THE PROGRAM TO ACHIEVE YOUR INTEND ED RESULTS, AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE PROGRAM. 1. LICENSE. Subject to the terms and conditions of this agreement, TILCON hereby grants you a non-exclusive license to use one copy of the enclosed program(s) ( the "Software") on a single terminal connected to a single computer or if the So ftware is a network version, on such number of nodes as are specifically license d by Tilcon. 2. COPYRIGHT. The Software and Documentation are copyrighted and is protected by Canadian and United States copyright laws and international treaty provisions. You must treat the software like any other copyrighted material except that you may make one back-up copy for backup or archival purposes. In no event may whole or partial copies, including any derived runtime versions, be transferred to a third party. The copyright protection and the terms and conditions hereof shall apply to all updates, upgrades or supplemental code provided to you whether in h ard copy format or through electronic media. 3. RESTRICTIONS ON USE. The original and single back-up copy of the Software and Documentation are to be used on a single machine only. Only where the Software is specifically designated by TILCON for network access may you distribute the S oftware over a network. You may not distribute the Software or Documentation to a third party. Neither the Software nor the Documentation may be changed or tran slated without the express written consent of TILCON. You may merge the Software into another program on a single machine or Network w here the Software is specifically designated by TILCON for Network access. You m ay not rent or lease the software. You may not reverse engineer, decompile, or d isassemble the Software. You may not use a network version of the software in a network larger than that for which you have paid corresponding user fees. A lice nse for the software may not be shared or used concurrently on different compute rs. If the software is used to create value-added programs, separate runtime lic ences are required for end users of such programs. 4. RESTRICTIONS ON TRANSFER. You may only transfer the Software, Documentation a nd License granted herein to another party if the other party agrees to accept t he terms and conditions of this agreement. If you transfer the Software and Docu mentation, you must at the same time either transfer all copies, whether in prin ted or machine readable form, to the same party or destroy any copies not transf erred: this includes all copies of the Software contained or merged into other p rograms. If the Software has been updated, any transfer must include the most re cent update and all prior versions. 5. LIMITED WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KI ND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANT IES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PROCESS. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. 6. LIMITED WARRANTY FOR MEDIA. The storage media for the Software is warranted f or a period of 90 days from the original date of purchase of the Software. If th e storage media fails under normal use, it will be replaced. This Limited Warran ty is void if failure of the storage media arises out of accident, abuse or misa pplication. This warranty applies only to the original registered licencee and i n no case will replacement media be sent to any person who has not registered ow nership of a software license with TILCON. 7. LIMITATION OF WARRANTY. NEITHER TILCON, ITS DIRECTORS, AUTHORIZED DISTRIBUTOR S OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWAR E SHALL BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (IN CLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTE RRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) RESULTING FROM THE USE OF, OR THE INABILITY TO USE THE SOFTWARE AND EVEN IF TILCON HAD BEEN ADV ISED OF THE POSSIBILITY OF SUCH DAMAGES OR THAT THEY ARE FORESEEABLE OR FOR ANY CLAIM BY ANY OTHER PARTY. TILCON'S MAXIMUM AGGREGATE LIABILITY, IF ANY, SHALL NOT EXCEED THE AMOUNT PAID B Y YOU FOR THE SOFTWARE. NOTHING STATED HEREIN WILL IMPLY THAT THE OPERATION OF T HE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS WILL BE CORRECTED . YOU ASSUME RESPONSIBILITY FOR THE SELECTION AND TESTING OF THE PRODUCT TO ACHI EVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FRO M IT. TILCON CANNOT WARRANT THAT THE SOFTWARE WILL FUNCTION AS EXPECTED IN EVERY COMBINATION OF HARDWARE PLATFORM, SOFTWARE ENVIRONMENT AND CONFIGURATION. 8. TERM. The license is effective until terminated. It will be terminated if you fail to comply with any term or condition of this License Agreement. You may te rminate this agreement at any time. In the event of termination, you agree to de stroy the Software and Documentation together with all copies and merged portion s in any form. Where this software is provided as an evaluation copy, the licens e is effective for 30 days. The evaluation version of the software is time sensi tive and will be invalidated and no longer functional at the end of the evaluati on period. Any attempts to disable the license mechanism are strictly prohibited . 9. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT. UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEME NT BETWEEN US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. 10. The Software is licensed for private or commercial use only and must not be used in life support systems. FAILURE TO COMPLY WILL RESULT IN LOSS OF SUPPORT FROM TILCON SOFTWARE LIMITED AN D MAY LEAD TO LEGAL REMEDIES. Notice to User: Pre-Release Software USE OF Pre-Release Software If the software herein is pre-release software (alp ha or beta programs) the following additional provisions will apply: You may install and use the Pre-Release Software and related guides and document ation internally solely for evaluation and testing purposes. Pre-Release Softwar e may not be used for commercial or production purposes. Tilcon Pre-Release Soft ware may not be used to create derivative works and may not be transferred, sold , assigned, sublicensed or otherwise conveyed (whether by operation of law or ot herwise) to another party without Tilcon's prior written approval.
The pre-release programs are provided on an "as is", unsupported basis. Tilcon w ill have no obligation to correct errors or deliver updates. The license to use Tilcon Pre-Release Software will automatically terminate as o f the earlier of: (a) ninety (90) days after the date on which you install of th e Pre-Release Software; or (b) Commercial Release by Tilcon of the software prod uct evolving from the Pre-Release Software. Pre-release software programs are experimental, subject to fundamental changes o f design and have not been fully tested. It is accordingly provided AS IS, witho ut any warranty whatsoever. ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, I NCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCL AIMED AND NEITHER TILCON, ITS SUBSIDIARIES NOR ANY OF ITS LICENSORS SHALL BE LIA BLE FOR ANY LOSS OR DAMAGE HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY INACCUR ACY OF DATA, LOSS OF PROFITS OR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQU ENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH D AMAGES. TILCON SOFTWARE LIMITED, Suite 5, 22 Gurdwara Road, Ottawa, Ontario, Canada K2E 8A2. Tel:(613) 226-3917 (Rev. 30/03/2006)