COPYRIGHT © 2005 MERIT INDUSTRIES, INC.
Merit Industries, Inc. Software License Agreement
Merit Industries, Inc. (“Licensor”) is willing to license the enclosed software to you only if you accept all of the terms in this license agreement (“Agreement”).
Ownership of the Software
1.The enclosed Merit® product, which may include but is not limited to the Megatouch® software program (“Software”) and the accompanying written materials are owned by Licensor and are protected by United States copyright laws, patent laws and other intellectual property laws, by laws of other nations, and by international treaties.
Restrictions on Use and Transfer
2.If this Software package contains multiple media types (such as CD’s, flash cards, hard drives, etc), then you may use only the type of media appropriate for your Machine. You may not use the other media types on another Machine, or transfer, or assign them to another user except as part of the permanent transfer of the Software and all written materials (as provided for below in paragraph 4).
3.You may make one copy of the software for backup purposes only. You may not copy or make backup copies of any software security key or software security device under any circumstances.
4.You may permanently transfer the right to use the Software and accompanying written materials (including the most recent update and all prior versions) if you retain no copies and the transferee agrees in writing to be bound by the terms of this Agreement. Such a transfer of this license to another party immediately terminates your license. You may not otherwise transfer or assign the right to use the Software, except as stated in this paragraph.
5.You may not operate or allow the operation of the Software at locations where the operation of such Software does not comply with all local, state, and other governmental body laws and regulations. You agree to not use or permit the use of the Software in violation of any U.S. Federal, state, or local laws or regulations or any foreign law or regulation, including laws regarding gaming, gambling or intellectual property rights in or concerning the Software.
6.You may not modify, adapt, translate, reverse engineer, decompile, disassemble the Software or create derivative works from the Software or any component thereof; nor may you remove, modify or hide or otherwise make unreadable or
7.You agree that the Software and the authorship, systems, ideas, inventions methods of operation, documentation and other information contained therein, and all versions, modifications and adaptations thereto are proprietary intellectual properties of Licensor and are protected by civil and criminal law, and by copyright, trade secret, trademark and the patent laws of the United States and other countries.
Limited Warranty
8.Licensor warrants, solely for your benefit, that the Software will function in material conformity, with its accompanying documentation for a period outlined in Licensor’s standard product warranty period after your receipt of the Software.
Licensor’s Obligations Under Warranty
9.Licensor’s sole obligation under the aforesaid warranty shall be to utilize commercially reasonable efforts to correct or modify such portion of the Software as to make it materially conform with the applicable documentation.
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