18
microAeth
®
MA Series MA200, MA300, MA350
Operating Manual
microAeth
®
MA Series MA200, MA300, MA350
Operating Manual
19
AethLabs
AethLabs
(d) copy the Software; (e) remove or otherwise tamper with any proprietary notices contained on or in the
Software; or (f) use or permit the Software to be used to perform services for third parties, without Licensor’s
express written authorization.
Software Transfers. Unless Licensor has given you specific written permission to do so, you may not copy,
transfer, transmit, sublicense or assign your rights to use the Software, grant a security interest in or over your
rights to use the Software, or otherwise transfer any part of your rights to use the Software.
Warranty Disclaimers, Limitations on Liability and Remedies. THE SOFTWARE IS PROVIDED TO YOU ON
AN “AS IS” BASIS AND IS USED ONLY AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE
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OF ANY KIND REGARDING SOFTWARE, INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR
A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY,
COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED
WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW. Any warranties that by law survive the foregoing disclaimers
shall terminate ninety (90) days from the date you received the Software.
The entire risk as to the quality and performance of the Software and the Documentation is with you. Should
the Software or the Documentation prove defective, you (and not Licensor or its distributors, licensors
or dealers) assume the entire cost of all necessary servicing or repair. Licensor does not warrant that the
functions contained in the Software will meet your requirements or operate in the combination that you may
select for use, that the operation of the Software will be uninterrupted or error free, or that defects in the
Software will be corrected. No oral or written statement by Licensor or by a representative of Licensor shall
create a warranty or increase the scope of this warranty.
LICENSOR’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH
LICENSOR (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SOFTWARE) IS TO DISCONTINUE
YOUR USE OF THE SOFTWARE. LICENSOR AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING
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USE OR REGISTRATION WITH LICENSOR. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES
FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF LICENSOR HAD BEEN
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UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
IN SUCH STATES OR JURISDICTIONS, LICENSOR AND ITS VENDORS’ LIABILITY IN SUCH STATE OR
JURISDICTION SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT,
IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE
JURISDICTION, THE MAXIMUM LIABILITY OF LICENSOR WILL BE LIMITED TO, IN THE SOLE DISCRETION
OF LICENSOR, EITHER THE (1) CORRECTION OR DELETION OF ANY DEFECTIVE SOFTWARE; OR (2)
REFUND OF ANY FEES FOR THIS SOFTWARE RECEIVED BY LICENSOR FROM YOU, IF ANY.
Ownership and Licenses. Licensor and its licensors own all copyright, trademarks, designs, patents, know-
how, trade secrets, trade, business or company names, domain names and related registration rights and
all other intellectual property rights in the Software, including any modifications (“Licensor IP”). Licensor IP
is protected by U.S. and international copyright and other intellectual property laws. You are only granted
license rights in the Software, expressly stated in this Agreement. You must not do anything to jeopardize
Licensor’s or its licensors’ rights in the Licensor IP including to (i) copy, modify, merge, or transmit Licensor
IP; (ii) register or attempt to register any competing intellectual property rights to the Licensor IP; (iii) delete
or tamper with any proprietary notices on or in the Licensor IP, (iv) take or use any action that diminishes
the value of any trademarks included in the Licensor IP, or (v) use the Software in violation of applicable law.
These restrictions are in addition to those stated in Section 2.
Third Party and Open Source Software. Portions of the Software may utilize or incorporate third party
software and other copyrighted material. Acknowledgements, licensing terms and additional disclaimers for
any such material are contained in the Documentation or may otherwise accompany such material, and your
use of such material is governed by their respective terms. Certain software libraries and other third party
software included within the Software are open source software and licensed under the terms of licenses
such as the BSD License, GNU General Public License (“GPL”), and/or GNU Lesser General Public License
(“LGPL”). To the extent that portions of the Software are distributed under and subject to open source
licenses obligating Licensor to make the source code for such portions publicly available (such as the GPL
and LGPL), Licensor will make such source code portions (including Licensor modifications, as appropriate)
available upon request for a period of up to three (3) years from the date of distribution. Such request can
be made in writing to: microAeth Corporation (refer to current mailing address available at https://aethlabs.
com). A copy of the GPL may be obtained at http://www.gnu.org/licenses/gpl.html, and a copy of the LGPL at
http://www.gnu.org/licenses/lgpl.html.
Term and Termination of Agreement. This Agreement is effective upon your downloading, accessing or
using the Software. This Agreement shall continue in effect until terminated. Without prejudice to any other
rights, this Agreement will terminate automatically if you fail to comply with any of the limitations or other
requirements described herein. Furthermore, you may terminate this Agreement at any time by destroying
all copies of the Software and Documentation. All obligations of confidentiality and restrictions on use, and
all other provisions that may reasonably be interpreted to survive termination of this Agreement, will survive
termination of this Agreement for any reason.
U.S. Government Restricted Rights. If you are a U.S. Government user, then the Software and Documentation
(i) are provided with “RESTRICTED RIGHTS” and the use, duplication or disclosure of the Software and
Documentation is subject to the restrictions set forth in subparagraphs (c)(1) and (c)(2) of the Commercial
Computer Software-Restricted Rights (Jun 1987) clause at FAR 52.227-19, and (ii) are provided with “LIMITED
RIGHTS” and the use, duplication and disclosure of the Software and Documentation is subject to the
restrictions set forth in subparagraphs (a)(13) and (b)(3) of the Rights in Technical Data-Noncommercial Items
(Nov 1995) clause at DFARS 252.227-7013, as applicable, or their successors or any similar future statutes or
regulations. Manufacturer is microAeth Corporation DBA AethLabs.
Export Control Laws. You agree to comply with all laws, rules and regulations applicable to the export of the
Software or the Documentation. Specifically, you shall not export, re-export or transship the Software or the
Documentation, or the direct product thereof, in violation of any United States or other laws and regulations
which may from time to time be applicable. None of the Software, Documentation or underlying information
or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident
of) Cuba, Iran, Iraq, Libya, Serbia, Montenegro, North Korea, Syria or any other country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals
or the U.S. Commerce Department’s Table of Denial Order. By using the Software, you are agreeing to the
foregoing and you are representing and warranting that you are not located in, under the control of, or a
national or resident of any such country or on any such list.
Applicable Law and Forum. With respect to any and all disputes arising out of or in connection with this
