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IMPORTANT:
READ CAREFULLY:
- 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.
- 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.
- All rights
not expressly granted are reserved by BIL.
- 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.
- 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.
- 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.
- This EULA
does not grant you any rights in connection with any trademarks
or service marks of BIL.
- 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.
- 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.
- 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.
- BIL grants
permission for up to three copies of The Software to be made for
backup purposes.
- 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.
- 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.
- Any installations
of the SOFTWARE PRODUCT in addition to those installed by recognised
agents of BIL must include this license agreement.
- 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.
- Should you
have any questions concerning this EULA, or if you desire to contact
BIL for any reason, please email info@beaglehole.com or write
to:
Beaglehole Instruments
Ltd.
32 Salamanca Road
Wellington
New Zealand
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