Licence Agreement
The Purchaser MUST read this agreement before using the software provided in this package. As used in this Agreement the terms “You”, “Your”, “LICENSEE”, and “Purchaser” refer to the licensee of the SOFTWARE and accompanying written materials in this package, as described below. If you do not agree to the terms of this License Agreement, return the package, unused, to the point of purchase for a refund of any license fee which you paid.
1. Grant of license
SMC Networks, Inc. (SMC) grants to you a
2. Ownership of license
All SOFTWARE, and each copy thereof, remains the property of SMC and/or one or more of its licensors. This license is not a sale of any SOFTWARE, or of any copy. You disclaim forever any rights of ownership in any SOFTWARE, or in any copy. The only rights that you obtain with respect to any SOFTWARE are those expressly set forth in this License Agreement.
3. Copy restriction
You acknowledge that the SOFTWARE and accompanying written materials are copyrighted and entitled to protection under the copyright laws of nations where the SOFTWARE is installed, and under international conventions. Except for the copying of SOFTWARE as expressly permitted in the next sentence, you may not copy any SOFTWARE or accompanying written materials, or any portion of any of them, or remove any copyright or proprietary notice from any of them; and you agree not to allow any other person or entity to do so. Subject to these restrictions, you may make copies of the SOFTWARE solely for backup purposes.
4. Use restriction
As the LICENSEE, you may physically transfer the SOFTWARE from one computer to another within a licensed local area network. You may not distribute copies of the SOFTWARE or accompanying written materials to others. Furthermore, the LICENSEE is not permitted to mod- ify, disassemble, reverse or
5. Transfer restrictions
This SOFTWARE is licensed only to you, the LICENSEE, and may not be transferred to anyone without prior written consent of SMC. Any authorized transferee of the SOFTWARE shall be bound by the terms and conditions of this Agreement. In no event may you transfer, assign, rent, lease, sell or otherwise dispose of the SOFTWARE on a temporary or permanent basis except as expressly provided herein.
6. Termination
This license agreement is effective until terminated by SMC. This license may be terminated without notice by SMC if the LICENSEE fails to comply with any provision of this license. Upon termination, it is the LICENSEE’s obligation to destroy the written materials and all copies of the SOFTWARE. Further use of the SOFTWARE components will be in violation of this license.
Limited Warranty
The Warranty Period for the media on which the SOFTWARE is recorded is for 5 years from the date of its delivery to the original user as evi- denced by a receipt.
You must give SMC prompt written notice within the Warranty Period of any warranty claim. Conditioned on your providing prompt written notice to SMC within the Warranty Period, SMC shall, as your sole and exclusive remedy, repair or replace media not conforming to this war- ranty, or accept return of any such nonconforming media. The election of whether to repair, replace, or refund shall be SMC’s, in its sole discre- tion.
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