BY RUNNING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND
BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF
THIS AGREEMENT, DO NOT EXECUTE IT.
SOFTWARE EVALUATION LICENSE GRANT.
United Research Labs grants you a non-exclusive license
to use the software free of charge for evaluation and trial purposes only for a limited
time. UNTIL EVALUATION , THIS SOFTWARE DOES CONTAIN CODE WHICH WILL DISABLE THE ACTIVEX
COMPONENT AFTER 25 START HITS. This license does not entitle you to hard-copy
documentation, support or telephone assistance.
SOFTWARE EVALUATION TERMINATION.
The license granted and the Software will terminate after
you have executed the program not more than five times unless you register the software.
The license will terminate automatically if you fail to comply with the limitations
described herein. You must destroy all copies of the Software upon termination.
TERMS APPLICABLE WHEN LICENSE FEES PAID:
LICENSE GRANT.
Subject to payment of applicable license fees, Licensor grants to you a non-exclusive license to use the Software and accompanying documentation ("Documentation") in the manner described below under "SCOPE OF LICENSE GRANT".
Registered users are allowed to distribute the OCX
control with your application free of royalties.
TERMS APPLICABLE TO ALL LICENSE GRANTS
ABSOLUTE DISCLAIMER OF WARRANTY.
The Software is provided on an AS IS basis, without
warranty of any kind, including without limitation the warranties that the Software is
merchantable, fit for a particular purpose or non-infringing. The entire risk as to the
quality and performance of the Software is borne by you. Should the Software prove
defective in any respect, you and not Sandeep Thite or United Research Labs or its
suppliers assume the entire cost of any service and repair. In addition, the security
mechanisms implemented by the 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. No use of the Software is authorized
hereunder except under this Disclaimer.
SCOPE OF LICENSE GRANT.
You may:
· Use the Software on any single computer;
· Use the Software on a second computer so long as only one (1) copy is used at a time;
· Use the Software on a network, provided that a licensed copy of the Software has been acquired for each person permitted to access the Software through the network;
· Copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices; or
· If you have purchased a Right to Copy license for
multiple copies of the Software, make the number of copies of Software (but not the
Documentation) stated on the packing slip or invoice, provided any copy must contain all
of the original Software's proprietary notices. The number of copies on the invoice is the
total number of copies that may be made. Additional copies of Documentation may be
purchased from Licensor.
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 and solely to the extent an applicable statute expressly and specifically prohibits such restrictions);
· 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.
TITLE.
Title, ownership rights, and intellectual property rights
in the Software shall remain with Sandeep Thite and United Research Labs and/or its
suppliers. The Software is protected by copyright and other intellectual property laws and
by international treaties. Title and related rights in the content accessed through the
Software is the property of the applicable content owner and is protected by applicable
law. The license granted under this Agreement gives you no rights to such content.
TERMINATION.
This Agreement and the license granted hereunder will
terminate automatically if you fail to comply with the limitations described herein. Upon
termination, you must destroy all copies of the Software and Documentation.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT,
CONTRACT, OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR
ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO
EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LICENSOR RECEIVED
FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM
LICENSOR'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
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"). Accordingly, Licensor and its suppliers specifically disclaim any
express or implied warranty of fitness for High Risk Activities.
MISCELLANEOUS.
This Agreement represents the complete agreement
concerning the license granted hereunder and may be amended only by a writing executed by
both parties. 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. This Agreement
shall be governed by Govt. of India , Maharashtra State.