Escient End User License Agreement

You have acquired Escient’s Vision System product (“Vision System”) that includes software and other items licensed by Escient, a division System of Digital Net- works North America, Inc. (“Escient”) from various third parties and suppliers (collectively, “Escient’s suppliers”). Those installed products of Escient’s suppliers, as well as associated media, printed materials, and “online” or electronic documentation (“Software”) are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold and is owned by Escient and the respective Escient supplier.

IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT (“EULA”), DO NOT USE THE VISION SYSTEM. INSTEAD, PROMPTLY CON- TACT THE SELLER FOR INSTRUCTIONS ON RETURN OF THE VISION SYSTEM FOR A REFUND. BY SIGNING BELOW OR BY USING THE VISION SYSTEM, YOU AGREE TO THIS EULA (OR RATIFY ANY PREVIOUS CONSENT TO THIS EULA).

1.GRANT OF LICENSE. The license granted herein is a personal, non-exclusive and non-transferable right subject to the restrictions herein. If you do not com- ply with the terms of this EULA, it will terminate immediately, your right to use the Vision System will end and you must return the Vision System to the Seller or destroy it. This EULA grants you the following rights to the Software and all other rights are reserved by Escient and its software suppliers. You may use the Software only on the Vision System.

2.NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT. ESCIENT HAS INDEPENDENTLY DETERMINED HOW TO USE THE SOFT- WARE IN THE VISION SYSTEM, AND ESCIENT’S SUPPLIERS HAVE RELIED UPON ESCIENT TO CONDUCT SUFFICIENT TESTING TO DETER- MINE THAT THE SOFTWARE IS SUITABLE FOR SUCH USE.

3.NO WARRANTIES FOR THE SOFTWARE. THE SOFTWARE IS PROVIDED “AS IS” AND WITH ALL FAULTS. THE ENTIRE RISK AS TO SATISFACTO- RY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT (INCLUDING LACK OF NEGLIGENCE) IS WITH YOU. ALSO, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT. IF YOU HAVE RECEIVED ANY WAR- RANTIES REGARDING THE VISION SYSTEM OR THE SOFTWARE, THOSE WARRANTIES DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON, ESCIENT’S SUPPLIERS.

4.COPYRIGHT. The Vision System is to be used only in accordance with the law. The system and each feature of the system is designed for legitimate uses only by you, the consumer, and not designed to circumvent the law or any technological means to control access to content. You are responsible for assuring that your use of the Vision System does not violate existing state or federal laws. Escient respects the rights of copyright holders and invites you to learn about the rights of consumers, artists, copyright holders and other parties that may claim rights to digital content. If you have any questions about that subject. See, http://www. law.cornell.edu/wex/index.php/Copyright; http://fairuse.stanford.edu Copyright law is an evolving set of rules as courts interpret how they should be applied to new situations and new technologies. It is the responsibility of each user of a product, such as the Vision System, to comply with the law and, here, to use their Vision System accordingly. Copyright law comes from a number of different sources, including but not limited to, the US Copyright Act and various provision Systems that it contains, such as the Digital Millennium Copyright Act (the “DMCA”) as well as from judge-made law interpreting the U.S. Constitution, the Bill of Rights, and the various statutes applicable to each situation. Other portions of the Copyright Act such as the Audio Home Recording Act may also affect your use of the Vision System. Various court decisions impact your rights as a consumer to enjoy entertainment content, including decisions relating to “fair use,” typi- cally applicable to certain educational, critical, and analytic uses. The fair use doctrine has also been held to apply to copying in the home under certain limited

Escient Vision VS & VC User’s Guide

38

Version: M51003-02A3

Page 38
Image 38
Escient M51003-02A3 manual Escient End User License Agreement