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Support - Software License Agreement                       back to update page 


  1. This Beaglehole Instruments Ltd. (hereafter referred to as BIL) End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and BIL for the BIL software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by BIL. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.

  2. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

  3. All rights not expressly granted are reserved by BIL.

  4. To the maximum extent permitted by applicable law, BIL and its suppliers disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the software product, and the provision of or failure to provide support services. This limited warranty gives you specific legal rights. You may have others, which vary from Country/State/Jurisdiction to Country/State/Jurisdiction.

  5. To the maximum extent permitted by applicable law, in no event shall BIL or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use the SOFTWARE PRODUCT or the failure to provide support services, even if BIL has been advised of the possibility of such damages. In any case, BIL's entire liability under any provision of this EULA shall be limited to the amount actually paid by the licensee for the SOFTWARE PRODUCT; Provided, however, if you have entered into a BIL support services agreement, BIL's entire liability regarding support services shall be governed by the terms of that agreement. Because some Countries/ States/ Jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.

  6. BIL warrants that

    (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and

    (b) any Support Services provided by BIL shall be substantially as described in applicable written materials provided to you by BIL, and BIL support engineers will make commercially reasonable efforts to solve any problem. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days. Some Countires/States/Jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

  7. This EULA does not grant you any rights in connection with any trademarks or service marks of BIL.

  8. BIL may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the BIL polices. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to BIL as part of the Support Services, BIL may use such information for its business purposes, including for product support and development. BIL will not utilize such technical information in a form that personally identifies you without your permission.

  9. Without prejudice to any other rights, BIL may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

  10. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by BIL as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA.

  11. BIL grants permission for up to three copies of The Software to be made for backup purposes.

  12. BIL grants permission for the SOFTWARE PRODUCT to be installed on any computers within the installation/laboratory that a BIL instrument resides in, including laptops which may be used for working `at home'. Otherwise, the SOFTWARE PRODUCT may not be copied or distributed without the express permission of BIL.

  13. This license does not grant any additional rights with regard to the Wavemetrics Igor Pro software. This means that while the SOFTWARE PRODUCT may be duplicated under Section (?) above, additional licenses of Wavemetrics Igor Pro may need to be purchased to run the SOFTWARE PRODUCT.

  14. Any installations of the SOFTWARE PRODUCT in addition to those installed by recognised agents of BIL must include this license agreement.

  15. Custom modifications of the SOFTWARE PRODUCT may be distributed within a single laboratory but must be clearly marked as non-standard distributions. Such a non-standard distribution cannot be copied or installed outside the original laboratory without the express permission of BIL.

  16. Should you have any questions concerning this EULA, or if you desire to contact BIL for any reason, please email or write to:

        Beaglehole Instruments Ltd.
        32 Salamanca Road
        New Zealand

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 © beaglehole instruments 1998-2009  All material on this page is copyright. Last updated: April 11, 2003