License Information
READ THIS LICENSE AGREEMENT BEFORE OPENING THE DISK PACKAGE, INSTALLING THE SOFTWARE, OR USING YOUR SYSTEM.
THIS LICENSE AGREEMENT DEFINES YOUR RIGHTS AND OBLIGATIONS. BY BREAKING THE SEAL ON THIS PACKAGE, INSTALLING THE SOFTWARE, OR USING YOUR SYSTEM, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY, WITHIN 30 DAYS, RETURN THIS PACKAGE, ALL THE DOCUMENTATION, AND ALL ACCOMPANYING MATERIAL(S) TO THE POINT OF PURCHASE FOR A REFUND.
SOFTWARE LICENSE
The software includes the Intellex API, modular programs and source codes provided as samples, the Intellex API manual and any electronic documentation; and is provided to you by installing the software on a computer hard drive. The software is licensed, not sold.
GRANT OF LICENSE
The purchase of Intellex API software constitutes a license agreement between Sensormatic and you. This license agreement permits you and only you to use the software. By purchasing the Intellex API license agreement, you may use the API software and accompanying modular programs with their source codes. This license agreement does not grant you the right to resell nor distribute the API nor the modular programs and their source codes or additional copies of them to another entity. The software is only licensed for use with Intellex equipment. There are no restrictions on instituting a licensing program internal to your organization with regard to the software products that you develop using the API; however, no software programs that you develop using the Intellex API or the modular programs can be sold nor distributed by you to other entities as accessory products for Intellex product line without authorization from Sensormatic.
OTHER RIGHTS AND LIMITATIONS
•A demonstration copy of the Software is considered purchased and is covered by this license agreement.
•The purchase order is your proof of license to exercise the rights granted herein and must be retained by you.
•You may not de-compile, disassemble, or reverse engineer any of the executables; including, but not limited to the library files, for which you were not given the source code. The modular programs are excluded from this restriction and you may re-compile, re- assemble, or alter any component of the source codes that are provided to you.
•You may not sub-license, rent or lease the software; nor permanently transfer the software to another party by delivering the original media material comprising the software package as well as this license to the other party.
•Sensormatic reserves the right to revoke this agreement if you fail to comply with the terms and conditions of this agreement. In such an event, you must destroy all the Intellex API software on and/or loaded from the purchased CD ROM, any API software downloaded from the web or sent on “patch” media, all of the modular programs you modified and all the software programs that you developed using the Intellex API.
•The software may contain software from third parties that is licensed under a separate End User License Agreement (EULA). Read and retain any license documentation that may be included with the Software. Compliance with the terms of any third party EULA is required as a condition of this agreement.
Failure to comply with these restrictions will result in automatic termination of this license and will make available to Sensormatic other legal remedies.
COPYRIGHT
The software is a proprietary product of Sensormatic and is protected by both the United States and International copyright laws.
UPGRADES
If the software is an upgrade from another software version, or an upgrade of a component of a package of software programs that you licensed you may use or transfer the software only as specified in this agreement.
LIMITED WARRANTY
Sensormatic warrants that the recording medium on which the software is recorded, and the documentation provided with it, will be free of defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to the first user. Sensormatic further warrants that for the same period, the software provided on the recording medium under this license will substantially perform as described in the user documentation provided with the product when used with the specified hardware and development environment.
CUSTOMER REMEDIES
Sensormatic’s entire liability and your exclusive remedy under this warranty will be, at Sensormatic’s option, to a). attempt to correct software errors with efforts we believe suitable to the problem, b). replace at no cost the recording medium, software or documentation with functional equivalents as applicable, or c). refund the license fee and terminate this agreement. Any replacement item will be warranted for the remainder of the original warranty period. No remedy is provided for failure of the diskette or Software if such failure is the result of accident, abuse, alteration or misapplication. Warranty service or assistance is provided at the original point of purchase.
NO OTHER WARRANTIES
The above warranty is in lieu of all other warranties, express or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. No oral or written information or advice given by Sensormatic, its representatives, distributors or dealers shall create any other warranty, and you may not rely on such information or advice.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
In no event will Sensormatic be liable to you for damages, including any loss of profits, loss of data or other incidental or consequential damages arising out of your use of, or inability to use, the Software or its documentation. This limitation will apply even
