Sonic Impact Technologies USB Mat

IMPORTANT–PLEASE READ CAREFULLY: This End-User License

Agreement (“EULA”) is a legal agreement between you (either an individual

or a single entity) and the manufacturer Larco (“Manufacturer”) with which

you acquired the Larco software and hardware product(s) identiﬁ ed above

(“PRODUCT”). The PRODUCT includes the SONIC GUARD USB Mat,

computer software, the associated media, any printed materials, and any

online or electronic documentation. By installing, copying or otherwise

using the PRODUCT, you agree to be bound by the terms of this EULA.

The SOFTWARE PORTION OF THE PRODUCT includes the computer

software, the associated media, any printed materials, and any “online”

or electronic documentation. By installing, copying or otherwise using

the PRODUCT, you agree to be bound by the terms of this EULA. If you

do not agree to the terms of this EULA, Larco is unwilling to license the

PRODUCT to you. In such event, you may not use or copy the SOFTWARE

PORTION OF THE PRODUCT, and you should promptly contact the vendor

you obtained this PRODUCT from for instructions on return of the unused

product(s) for a refund.

The products described in this publication are intended for commercial and

consumer applications. The SONIC GUARD must be used so that a loss of

communications due to interference or otherwise will not endanger either

people or property, and will not cause the loss of valuable data. Larco assumes

no liability for the performance of product. Larco products are not suitable

for use in life-support applications, biological hazard applications,

nuclear control applications, or radioactive areas. None of these products

or components, software or hardware, are intended for applications that

provide life support or any critical function necessary for the support

of protection of life, property or business interests. The user assumes

responsibility for the use of any of these products in any such application.

Larco shall not be liable for losses due to failure of any of these products,

or components of these products, beyond the Larco commercial warranty,

limited to the original purchase price plus shipping to replace product.

SOFTWARE PRODUCT LICENSE: The PRODUCT is

protected by copyright laws and international copyright treaties,

as well as other intellectual property laws and treaties. The

SOFTWARE PORTION OF THE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE:

This EULA grants you the following rights:

Software. You may install and use one copy of the SOFTWARE

PORTION OF THE PRODUCT on the COMPUTER.

Network Services If the SOFTWARE PORTION OF THE PRODUCT

includes functionality that enables the COMPUTER to act as a network

server, any number of computers or workstations may access or

otherwise utilize the basic network services of that server. The basic

network services are more fully described in the printed materials

accompanying the SOFTWARE PORTION OF THE PRODUCT.

Storage/Network Use: You may also store or install a copy of the computer

SOFTWARE PORTION OF THE PRODUCT on the COMPUTER to

allow your other computers to use the SOFTWARE PORTION OF THE

PRODUCT over an internal network, and distribute the SOFTWARE

PORTION OF THE PRODUCT to your other computers over an internal

network. However, you must acquire and dedicate a license for the

SOFTWARE PORTION OF THE PRODUCT for each computer on which

the SOFTWARE PORTION OF THE PRODUCT is used or to which

it is distributed. A license for the SOFTWARE PORTION OF THE

PRODUCT may not be shared or used concurrently on different computers.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

Limitations on Reverse Engineering, Decompilation and

Disassembly You may not reverse engineer, decompile, or disassemble

the PRODUCT, except and only to the extent that such activity is

expressly permitted by applicable law notwithstanding this limitation.

Separation of Components The PRODUCT is licensed as a single product.

Its component parts may not be separated for use on more than one computer.

Single COMPUTER The PRODUCT is licensed with the COMPUTER as a

single integrated product. The PRODUCT may only be used with the COMPUTER.

Rental You may not rent or lease the PRODUCT without permission from Larco.

Software Transfer You may permanently transfer all of your rights under this EULA

only as part of a sale or transfer of the COMPUTER, provided you retain no copies,

you transfer all of the PRODUCT (including all component parts, the media and

printed materials, any upgrades, this EULA and, if applicable, the Certiﬁ cate(s) of

Authenticity), AND the recipient agrees to the terms of this EULA. If the PRODUCT

is an upgrade, any transfer must include all prior versions of the PRODUCT.

Termination Without prejudice to any other rights, Larco 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 PORTION OF THE

PRODUCT and all of its component parts.

3. UPGRADES:

If the SOFTWARE PORTION OF THE PRODUCT is an upgrade from

another product, whether from Larco or another supplier, you may use or

transfer the PRODUCT only in conjunction with that upgraded product, unless

you destroy the upgraded product. If the SOFTWARE PORTION OF THE

PRODUCT is an upgrade of a Larco product, you now may use that upgraded

product only in accordance with this EULA. If the SOFTWARE PORTION

OF THE PRODUCT is an upgrade of a component of a package of software

programs which you licensed as a single product, the SOFTWARE PORTION

OF THE PRODUCT may be used and transferred only as part of that single

product package and may not be separated for use on more than one computer.

OEM COPYRIGHT:

All title and copyrights in and to the PRODUCT (including but not limited to

any images, photographs, animations, video, audio, music, text and “applets,”

incorporated into the PRODUCT), the accompanying printed materials, and

any copies of the SOFTWARE PORTION OF THE PRODUCT, are owned by

Larco or its suppliers. The PRODUCT and SOFTWARE PORTION OF THE

PRODUCT is protected by copyright laws and international treaty provisions.

You may not copy the printed materials accompanying the PRODUCT.

DUAL-MEDIA SOFTWARE:

You may receive the SOFTWARE PORTION OF THE PRODUCT in more than

one medium. Regardless of the type or size of medium you receive, you may use

only one medium that is appropriate for your single computer. You may not use

or install the other medium on another computer. You may not loan, rent, lease,

or otherwise transfer the other medium to another user, except as part of the

permanent transfer (as provided above) of the SOFTWARE PORTION OF THE

PRODUCT.

LIMITED WARRANTY:

Larco warrants to the original buyer of this product, that the hardware

SOFTWARE PORTION OF THE PRODUCT and related disk(s) are free of

defects in material and workmanship for a period of one year from date of

purchase from Larco or from an authorized Larco dealer. Shouldthe Larco

products fail to be in good working order at any time during the one-year period,

Larco will, at its option, repair or replace the product at no additional charge,

provided that the product has not been abused, misused, repaired or modiﬁ ed.

This warranty shall be limited to repair or replacement and in no event shall

Larco be liable for any loss of proﬁ t or spec-ial, incidental, consequential or other

similar claims. No dealer, distributor, company, or personhas been authorized

to change or add to the terms of this agreement, and Larco will not be bound by

any representation to the contrary. Larco SPECIFICALLY DISCLAIMS ALL

OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT

NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY

AND FITNESS OF PURPOSE. Since some states do not allow such

exclusion of limitation of incidental or consequential damages for consumer

products, check the statute of the state in which your business resides. This

warranty gives you the speciﬁ c legal rights in addition to any rights that you

have under the laws of thestate in which your business resides or operates.

Larco further represents and warrants that (a) the PRODUCTS, including,

but not limited to the SOFTWARE PORTION OF THE PRODUCTS, are

not the subject of any lawsuit, litigation, arbitration, mediation or similar

proceeding (“Litigation”), (b) Larco has all right, title, ownership interest,

and/or marketing rights necessary to provide the PRODUCTS to you and that

the sale and license of the PRODUCTS to you does not and will not directly

or indirectly violate or infringe upon any copyright, patent, trade secret, or

other proprietary or intellectual property right of any third party or contribute

to such violation or infringement (“Infringement”), and (c) the PRODUCTS

shall perform in accordance with the documentation provided. Larco will

indemnify, defend and hold you and your Afﬁ liates and their respective

successors, ofﬁ cers, directors, employees, customers and agents harmless

from and against any and all actions, claims, losses, damages, liabilities,

awards, costs, and expenses (including legal fees) resulting from or arising out

of any Litigation, any breach or claimed breach of the foregoing warranties

of this paragraph, or which is based on a claim of an Infringement Larco shall

defend and settle, at its expense, all suits or proceedings arising therefrom.

You will inform Larco of any such suit or proceeding against you and shall

have the right to participate in the defense of any such suit or proceeding at

your expense and through counsel of your choosing. Larco will notify you of

any actions, claims, or suits against Larco based on an alleged Infringement

of any party’s intellectual property rights in and to the PRODUCTS and/or

any other products and services provided under this EULA. In the event an

injunction is sought or obtained against use of the PRODUCTS and/or any

other products and services provided under this EULA or in your opinion is

likely to be sought or obtained, to the extent reasonably practicable Larco

shall promptly, at its option and expense, either (i) procure for you the right to

continue to use the PRODUCTS or the infringing portions thereof as set forth

in this EULA, or (ii) replace or modify the infringing part of the PRODUCT

to make its use non-infringing while being capable of performing the same

function without degradation of performance.

Larco SONIC GUARD END-USER LICENSE AGREEMENT

End-user License Agreement for Larco SOFTWARE and HARDWARE: SONIC GUARD USB Mat