Appendix A. License and Warranty Information
The Americas, Asia, Australia, New Zealand,
Pacific
Dear Customer,
if you acquired your SysKonnect product in the UNITED STATES, CANADA or any other country in the AMERICAS, ASIA, AUSTRA- LIA, NEW ZEALAND, PACIFIC, the following license and purchase agreement applies to you.
This is a legal agreement between you, the end user and SysKonnect Incorporation, a California U.S.A. Incorporation (SysKonnect Inc.).
SysKonnect Inc. License and Purchase AgreementBy opening the sealed disk package and taking possession of the hardware, you are agreeing to be bound by the terms of this Agree- ment. If you do not agree to the terms of this Agreement, promptly return the unopened and unused disk package and hardware with the accompanying items (including all written materials and other accessories) to the place of purchase for a full refund.
Grant of Software LicenseThis SysKonnect Inc. License Agreement (License) permits you to use one copy of the SysKonnect Inc. software product acquired with this License (“SOFTWARE”) on any single computer, provided the SOFTWARE is in use on only one computer at any time. If you have multiple Licenses for the SOFTWARE, then at any time, you may have as many copies of the SOFTWARE in use as you have Licenses. The SOFTWARE is “in use” on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g. hard disk or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not “in use”. If the anticipated number of users of the SOFTWARE will exceed the number of applicable Licenses, then you must have a reasonable mechanism or process in place to assure that the number of persons using the SOFTWARE concurrently does not exceed the number of Licenses. If the SOFTWARE is permanently installed on the hard disk or other storage device of a computer (other than a network server) and one person uses that computer more than 80% of the time it is in use, then that person may also use the SOFTWARE on a portable or home computer.
CopyrightThe SOFTWARE is owned by SysKonnect Inc. or its suppliers and is protected against copying by copyright laws, international treaty provisions and other national laws.
If the SOFTWARE is not copy protected you may either make one copy of the SOFTWARE solely for backup or archival purposes, or transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes.
You may not copy the Product Manual(s) or written materials accompanying the SOFTWARE or HARDWARE.
Other RestrictionsYou may not rent or lease the SOFTWARE or HARDWARE, but you may transfer your rights under this SysKonnect Inc. License and Purchase Agreement on a permanent basis provided you transfer all copies of the SOFTWARE and all written materials, and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile or disassemble the SOFTWARE. Any transfer must include the most recent update and all prior versions.
HardwareSysKonnect Inc. warrants, that the hardware will be delivered free from defect and in working condition. SysKonnect Inc. does not assume liability for nor warrant damage to the hardware after delivery. SysKonnect also does not warrant total applicability for specific applications or customer Network environments.
Limited Warranty for Hardware and SoftwareLimited WarrantySysKonnect Inc. warrants that the SOFTWARE will perform substantially in accordance with the accompanying Product Manual(s) for a period of 90 days from the date of receipt.
SysKonnect warrants
that NETWORK INTERFACE CARDS and NETWORK INFRASTRUCTURE COMPONENTS (e.g., hubs, switches, concentrators) will be free from defects in materials and workmanship under normal use and service for a period of 2 years from the date of receipt, and other HARDWARE for a period of 6 months from the date of receipt respectively.
This warranty is given by SysKonnect Inc. as producer of the PRODUCT; possible legal warranty or liability claims against the dealer, whom you have acquired your SOFTWARE or HARDWARE product from, shall neither replaced by nor limited through this warranty.
Customer RemediesSysKonnect's entire liability and your exclusive remedy shall be, at SysKonnect's option, either return of the price paid, or repair or replacement of the SOFTWARE or HARDWARE that does not meet SysKonnect's Limited Warranty and which is returned to SysKon- nect Inc. with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE or HARDWARE has resulted from acci- dent, abuse, or misapplication. Any replacement SOFTWARE will be warranted by SysKonnect Inc. only for the remainder of the original warranty period or 30 days, whichever is longer. Any replacement HARDWARE will be warranted for the remainder of the original warranty period or 6 months, whichever is longer.