1. Definitions
(a) "TEC Systems" means TEC
Systems and its licensors, if any.
(b)
"Software" means only the TEC Systems software
program(s) and third party software programs, in each
case, supplied by TEC Systems herewith, and
corresponding documentation, associated media, printed
materials, and online or electronic documentation.
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2. License Grants
(a) You may install and use the
Software on a single desktop computer that has a Windows
PC (including Windows 95, 98, 2000, NT, ME and XP), a
Macintosh desktop operating system, a Linux desktop
operating system, or a Solaris desktop operating system;
provided, however, that, notwithstanding anything
contrary contained herein, you may not use the Software
on any non-PC product, including, but not limited to, a
web appliance, set top box (STB), handheld, phone, or
web pad device. A license for the Software may not be
shared, installed or used concurrently on different
computers.
(b) You may make one copy of
the Software in machine-readable form solely for backup
purposes. You must reproduce on any such copy all
copyright notices and any other proprietary legends on
the original copy of the Software.
(c) You
agree that TEC Systems may audit your use of the
Software for compliance with these terms at any time,
upon reasonable notice.
(d) Your license
rights under this EULA are non-exclusive.
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3. License Restrictions
(a) Other than as set forth in
Section 2, you may not make or distribute copies of the
Software, or electronically transfer the Software from
one computer to another or over a
network.
(b) You may not alter, merge,
modify, adapt or translate the Software, or decompile,
reverse engineer, disassemble, or otherwise reduce the
Software to a human-perceivable form.
(c)
You may not sell, rent, lease, or sublicense the
Software.
(d) You may not modify the
Software or create derivative works based upon the
Software.
(e) You may not export the
Software into any country prohibited by the United
States Export Administration Act and the regulations
thereunder.
(f) In the event that you fail
to comply with this EULA, TEC Systems may terminate the
license and you must destroy all copies of the Software
(with all other rights of both parties and all other
provisions of this EULA surviving any such termination).
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4. Ownership
The foregoing license gives you limited
license to use the Software. TEC Systems and its
suppliers retain all right, title and interest,
including all copyright and intellectual property
rights, in and to, the Software and all copies thereof.
All rights not specifically granted in this EULA,
including Federal and International Copyrights, are
reserved by TEC Systems and its suppliers.
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5. WARRANTY DISCLAIMER
(a) THE SOFTWARE IS PROVIDED TO
YOU ON AN "AS-IS" BASIS. TEC SYSTEMS PROVIDES NO
TECHNICAL SUPPORT OR WARRANTIES FOR THE
SOFTWARE.
(b) TEC SYSTEMS AND ITS
SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS,
WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF
NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. TEC
SYSTEMS DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE
OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR
REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE
CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE
SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE
IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS,
INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION,
MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC
CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. TEC
SYSTEMS SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED
WARRANTY OF FITNESS FOR SUCH PURPOSES.
(c)
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT
TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN
DURATION TO NINETY (90) DAYS FROM THE DATE OF
DELIVERY.
(d) NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY TEC Systems, ITS DEALERS,
DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A
WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY
WARRANTY PROVIDED HEREIN.
(e) (USA only)
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU
MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO
STATE. |
6. LIMITATION OF LIABILITY
(a) NEITHER TEC SYSTEMS NOR ITS
SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS
DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS
INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR
INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY
OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, EVEN IF TEC SYSTEMS OR ITS REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE
FAILED OF ITS ESSENTIAL PURPOSE.
(b) TEC
SYSTEMS'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR
ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF
$10 OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT
CAUSED SUCH DAMAGE.
(c) (USA only) SOME
STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU
AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM
STATE TO STATE.
(d) THE FOREGOING
LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE
WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS
OF THIS EULA. |
7. Basis of Bargain
The Warranty Disclaimer, Exclusive
Remedies and Limited Liability set forth above are
fundamental elements of the basis of the agreement
between TEC Systems and you. TEC Systems would not be
able to provide the Software on an economic basis
without such limitations. |
8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
This Software and the documentation are
provided with "RESTRICTED RIGHTS" applicable to private
and public licenses alike. Without limiting the
foregoing, use, duplication, or disclosure by the US
Government is subject to restrictions as set forth in
this EULA and as provided in DFARS 227.7202-1(a) and
227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT
1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR
52.227-14, as applicable. |
9. (Outside of the USA) Consumer End Users Only
The limitations or exclusions of
warranties and liability contained in this EULA do not
affect or prejudice the statutory rights of a consumer
(i.e., a person acquiring goods otherwise than in the
course of a business). The limitations or exclusions of
warranties, remedies or liability contained in this EULA
shall apply to you only to the extent such limitations
or exclusions are permitted under the laws of the
jurisdiction where you are located.
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10. Third Party Software
The Software may contain third party
software which requires notices and/or additional terms
and conditions. Such required third party software
notices and/or additional terms and conditions are
located at and are made a
part of and incorporated by reference into this EULA.
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11. General
This EULA shall be governed by the
internal laws of the State of California, without giving
effect to principles of conflict of laws. You hereby
consent to the exclusive jurisdiction and venue of the
state courts sitting in San Bernardino County,
California or the federal courts in the Southern
District of California to resolve any disputes arising
under this EULA. In each case this EULA shall be
construed and enforced without regard to the United
Nations Convention on the International Sale of
Goods.
This EULA contains the complete agreement
between the parties with respect to the subject matter
hereof, and supersedes all prior or contemporaneous
agreements or understandings, whether oral or written.
You agree that any varying or additional terms contained
in any purchase order or other written notification or
document issued by you in relation to the Software
licensed hereunder shall be of no effect. The failure or
delay of TEC Systems to exercise any of its rights under
this EULA or upon any breach of this EULA shall not be
deemed a waiver of those rights or of the
breach.
No TEC Systems dealer, agent or employee
is authorized to make any amendment to this
EULA.
If any provision of this Agreement shall be
held by a court of competent jurisdiction to be contrary
to law, that provision will be enforced to the maximum
extent permissible, and the remaining provisions of this
Agreement will remain in full force and
effect.
TEC Systems and other trademarks
contained in the Software are trademarks or registered
trademarks of TEC Systems, Inc. in the United States
and/or other countries. Third party trademarks, trade
names, product names and logos may be the trademarks or
registered trademarks of their respective owners. You
may not remove or alter any trademark, trade names,
product names, logo, copyright or other proprietary
notices, legends, symbols or labels in the Software.
This EULA does not authorize you to use TEC Systems's or
its licensors' names or any of their respective
trademarks.
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