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Microtek End User Software License AgreementMicrotek End User Software License Agreement
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Subjects > ... > Computers > Software > Software License Agreements
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THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Microtek International, Inc. ("Microtek") End User License Agreement accompanies the Microtek ScanWizard?Create (R) product and related explanatory materials ("Software"). The term "Software" also shall include any upgrades, modified versions or updates of the Software licensed to you by Microtek. Please read this Agreement carefully. At the end, you will be asked to accept this agreement and continue to install or, if you do not wish to accept this Agreement, to decline this agreement, in which case you will not be able to use the Software.
1. LICENSE GRANT. Upon your acceptance of this Agreement, Microtek grants to you a nonexclusive license to use the Software on the following terms and conditions. This agreement also governs every "Copy" of the Software, which includes without limitation every portion and copy of the Software, in whole or in part, in machine-readable or other form, including modified or merged portions, but excluding the media on which the Software and any Copy are recorded.
2. LICENSE TO USE SOFTWARE. You may use and display the Software on any single computer, i.e., having a single CPU. You may use and display the Software on only one such computer at a time.
3. LICENSE TO MAKE BACKUP COPY. You may make one (1) complete machine-readable copy of the Software solely for backup purposes. You may use this copy instead of the original Software, if you use the original Software solely for backup purposes. You agree to reproduce Microtek's copyright notice on each Copy.
4. PROHIBITION ON OTHER USE, COPYING, MODIFICATION, TRANSFER. You may not use, copy, modify, or transfer the Software or any Copy, except as expressly provided in this agreement, without prior written consent from Microtek. This prohibition includes, without limitation:
(a) Non-License Use. You may not provide use of or disclose the Software or any Copy to any person not licensed by Microtek. This prohibition includes use by or transfer to any unlicensed person of the Software or any Copy through a data transmission; a computer service, lease, or lending business; or a network, time sharing, distributed processing, or multiple-user arrangement.
(b) Disassembly. You may not disassemble, decompile, translate, reverse-engineer, or otherwise attempt to discover any source code of the Software or any Copy.
(c) Modification. You may not modify, adapt, or translate the Software or any Copy, merge the Software or any Copy with other program material, or otherwise create any derivative work using the Software or any Copy.
(d) Transfer. You may not sell, lease, lend, transfer, assign, sub license, or otherwise grant any rights in the Software, any Copy, this agreement, or any portion hereof. Any attempt to grant such rights is void.
5. PROPRIETARY RIGHTS. Nothing in this agreement or otherwise constitutes a sale of the Software or any Copy. You acknowledge that Microtek alone has ownership, copyright, and intellectual property rights in the Software and every Copy contains valuable trade secrets of Microtek. You will maintain the Software and every Copy in secure premises, permit access to the Software or any Copy only to persons that agree to the terms and conditions of this agreement, and take responsibility for compliance with this agreement. Your obligations under this paragraph 5 will survive any termination of your licenses or this agreement.
6. LICENSE TERM, TERMINATION. This agreement is effective until terminated. You may terminate the license under this agreement at any time by destroying Software and every Copy, with certification thereof to Microtek. Your license also terminate if you fail to comply with any of the terms and conditions of this agreement; you agree upon such termination to destroy the Software and every Copy, with certification thereof to Microtek.
7. LIMITED WARRANTY, LIMITATION OF REMEDY. Microtek warrants that the Software is free from defects in material and workmanship for a period of ninety (90) days from the date of the original purchase. If the Software fails to comply with the foregoing warranty within the above 90-day period, Microtek will, at its sole discretion, replace the defective Software free of charge or refund the original purchase price you actually paid; provided that you are able to prove your purchase by submitting a copy of the invoice or receipt for such defective Software. This is the sole and exclusive remedy available to you for breach of the limited warranty set forth above. Any replacement Software will be warranted for the remainder of the original warranty or for 30 days from the date the replacement was received, whichever is longer.
8. NO OTHER WARRANTIES. SUBJECT TO PARAGRAPH 7 ABOVE, MICROTEK DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Except as required by law, no representative, agent, or employee of Microtek is authorized to make warranties, representation, or obligations inconsistent with or in addition to those set forth in this limited warranty.
9. NO LIABILITY FOR OTHER DAMAGES. In no event shall Microtek or its distributors be liable for any direct, indirect, special, incidental, or consequential damages (including without limitation damages for loss of profits or goodwill; downtime; damage or destruction of any program, data equipment, or other property; cost of recovering, reprogramming, or reproducing any program, data, or equipment; or any other damages) arising out of the use of inability to use the Software, even if Microtek has been advised of the possibility of such damages. Some states may not allow the limitation or exclusion of liability for the above damages; therefore, the foregoing limitation or exclusion may not apply to you.
10. GENERAL. (a) This agreement is the entire agreement between you and Microtek; supersedes any prior or different agreements, representations, or proposals; and may be changed only by written agreement with Microtek. (b) Waiver by any party of any default or breach of this agreement will not constitute a waiver of any subsequent default or breach of the same or different kind. (c) The invalidity of any provision of this agreement shall not affect the validity of the other provisions hereof. (d) This agreement shall be governed by the laws of the State of California, U.S.A., excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms.
YOU CAN BE HELD LEGALLY RESPONSIBLE FOR UNAUTHORIZED USE, COPYING, MODIFICATION, OR TRANSFER OF MICROTEK SOFTWARE IN VIOLATION OF THIS AGREEMENT AND/OR THE COPYRIGHT AND OTHER LAWS.
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