Software License Agreement for SDK for iDaq.
WARNING: READ CAREFULLY AND AGREE WITH THE TERMS OF THE CONTRACT BEFORE PROCEEDING WITH THE SOFTWARE INSTALLATION
WARNING FOR USERS: THIS DOCUMENT IS A CONTRACT TO ALL INTENTS AND PURPOSES. READ CAREFULLY THIS LICENSE AGREEMENT CONTRACT BEFORE INSTALLING OR USING THIS SOFTWARE. HAVING BEEN INSTALLED THIS SOFTWARE, YOU'VE AGREED WITH ALL OF THE TERMS AND CONDITIONS AND COMPLIED WITH ALL OF THE OBLIGATIONS, TERMS AND CONDITIONS PRESENT WITHIN IT. THE PRESENT LICENSE AGREEMENT CONSTITUTES A CONTRACT BETWEEN YOU (EITHER YOU'RE A NATURAL OR LEGAL PERSON) AND TOOLS FOR SMART MINDS. IF YOU WEREN'T INTERESTED IN BECOMING A LEGAL PART OF THE PRESENT CONTRACT AND BEING BOUND TO TERMS AND CONDITIONS DON'T INSTALL OR USE THIS SOFTWARE PLEASE, BUT GIVE IT BACK AS SOON AS POSSIBLE IN ADDITION TO THE ACCOMPANYING WRITTEN DOCUMENTATION AND THE RELATED CASES TO THE SELLER YOU BROUGHT IT FROM. THE GIVEN BACK PRODUCTS ARE SUBJECTED TO THE TOOLS FOR SMART MINDS' RESTITUTION PRACTICE.
1. LICENSE GRANT
TOOLS for SMART MINDS ("T4SM") grants you a limited, not exclusive, license in order to use the Software and accompanying documentation ("The Software" guide) you're going to download. The License Agreement Contract allows you to use a Software copy on a single computer in your working place. The software is meant to be used on a certain computer after being charged on your Random Access Memory (RAM) or being installed on permanent storages (hard disks, cd-roms or other similar devices). All those rights not expressly granted in this Software License Agreement are exclusively reserved by T4SM.
This Software is an exclusive T4SM's property and is protected by copyright law and international treaties. Therefore, the Software is considered like any other Copyright-protected product. You are able, however, to do a Software copy for backup reasons. In any case, you can't do copies of the accompanying material.
3. OTHER RESTRICTIONS
General restrictions: You can do neither reverse engineering operations nor decompilation or disassembly on the Software. You can transfer the Software to third parties if, after the transfer, you won't keep any Software copy, any update you'll receive in the meantime and any Software accompanying written document. You won't be able to lease the Software.
Hardware/Software keys. You're privy to the fact that the Software doesn't work without a precise access key. This key are given to you by T4SM.
4. NET USING
We grant you to install a copy of the Software on a network used for Software activation on other computers being connected with that server. However you'll have to buy a special license from T4SM for every server or LAN net where the software is installed. This Software license can't be shared or used on other computers not connected to your LAN or with no possible access to same servers. If you want any Software license, we beg you to contact us.
5. DATA COLLECTING
The software can collect data which are relative to how the customer usually use it, in order to draw up useful statistics on its performances. T4SM grants that those information are conserved and kept private according to the provisions of law. T4SM uses your data only in order to analyze how the software could be used and how interface and operational modes could be improved.
6. ADDITIONAL COMPONENTS
This Software license is given for a single one product. Its components can't be separated from it by any means. In case T4SM, at its discretion, should give you the additional code or other Software-related material, they're considered as Software parts and are subject to the same terms of this contract.
7. DISTRIBUTION RIGHTS
In general you can share all of the material printed by means of the Software without giving royalties or other kind of taxes, but take care about these clauses:
(a) Don't use the T4SM's name or logo without asking T4SM for an explicit written permission.
(b) Don't use our printed materials for advertising or different purposes by the reasons why this software was created for.
(c) Undertakes to indemnify and agrees to hold harmless T4SM (staff included) from any legal claim or complaint, in terms of legal expenses for lawyers too, which could result or come from either Software usage or distribution of printed material.
8. LIMITED WARRANTY
T4SM guarantees, for a 90-days-period starting from the day you received the software, that:
(a) The software works as anticipated before.
(b) The device on which the Software is registered won't have manufacturing defects if subjected to a normal usage. Any substitute software is assured for an extra period equal to the longest time estimated between the remaining length of the original guarantee and a 30-days-period. The user agrees to incur expenses for and from T4SM. The limited warranty won't be applied if any malfunction is due to accidents, abuses, misapplications, wrong use attributable to you or other products (hardware or software) used by you, if their usage with this software wasn't allowed by T4SM, if you use a wrong authorization code and if you do an unauthorized software maintenance.
9. CUSTOMER ASSISTANCE
The only T4SM's responsibility and its sole contribute according to the provisions of the limited warranty, in its discretion, is software fixing, provided that T4SM receives during the warranty period a written request with specific defects in it.
10. DISAVOWAL. EXCEPT FOR WHAT HAS BEEN EXPRESSLY ARRANGED IN ACCORDANCE WITH ARTICLE 7, THE SOFTWARE IS SOLD "AS IS", WITHOUT ANY GUARANTEE. T4SM EXPRESSLY DISOWNS ANY GUARANTEE, EITHER IMPLICIT OR EXPLICIT, DISCLAIMS ANY IMPLICIT MARKETABILITY OR APTITUDE GUARANTEE TO PARTICULAR USES, ANY GUARANTEE COULD COME BY HABITS OR CONTRACTUAL NEGOTIATING OR CONTRACTUAL QUALIFICATIONS. T4SM DOESN'T GIVE GUARANTEES AND DOESN'T GIVE ANY CERTIFICATION NEITHER ON THE SOFTWARE USE NOR ON HIS RESULTS ABOUT HIS ACCURACY, PRECISION, RELIABILITY. DOESN'T GUARANTEES THE SOFTWARE OPERATIONS TO BE CONTINUOUS OR WITHOUT ERRORS. T4SM EXPRESSLY DISOWNS ANY GUARANTEE NOT SPECIFICALLY ESTABLISHED WHITHIN THIS LICENSE AGREEMENT CONTRACT.
11. RESPONSIBILITY LIMITS
The only T4SM's responsibility is regulated as follows: in accordance with Law, under no circumstances T4SM shall be responsible of any direct, indirect, incidental, special or consequential damage, expenses, lack of gain or profit, interruption of working activity, loss of business information, any other damage coming from use or inability to use the software, even if T4SM has been informed about a damage incoming possibility. You are called to acknowledge of these limits and to declare that the price of license rights covers and justifies this risks attribution. If the above-mentioned responsibility limit wouldn't be suitable in so far the software is being judged faulty in "Res judicata" by a Civil Court qualified on this case, in particular if the software is being judged guilty of direct physical damages, deaths or damages to personal properties, under no circumstances T4SM will be able to indemnify more than 20.000 Euro for damages to personal properties.
Pursuant to and in accordance to articles 1341/1342 we expressly declare to accept these articles: 4 (NET USING), 8 (LIMITED WARRANTY), 10 (DISAVOWAL), 11 (RESPONSIBILITY LIMITS).
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Product: iDaq SDK for LabVIEW
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