Excalibur License Agreement
BY OPENING THE SEALED PACKAGE CONTAINING THE PROGRAM DISKETTE(S), YOU INDICATE YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT.
ORION AUTOMATION, INC. SOFTWARE LICENSE AGREEMENT WITH END USER
This legal document is an agreement between you, the end user, and Orion Automation, Inc. BY OPENING THE SEALED PACKAGE CONTAINING THE PROGRAM DISKETTE(S), YOU ARE
AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDES THE SOFTWARE LICENSE AND CERTAIN DISCLAIMERS OF WARRANTY (the "Agreement"). THIS
AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT BETWEEN YOU AND ORION AUTOMATION, INC.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT OPEN THE PACKAGE. PROMPTLY RETURN THE UNOPENED PACKAGE AND THE OTHER ITEMS (INCLUDING
WRITTEN MATERIALS, BINDERS OR OTHER CONTAINERS) THAT ARE PART OF THIS PRODUCT TO THE PLACE WHERE YOU OBTAINED THEM FOR A FULL REFUND.
NOTICE: THIS SOFTWARE PRODUCT IS DESIGNED AND INTENDED TO BE USED AS A SECONDARY MONITORING AND CONTROL SYSTEM. IT IS NOT INTENDED TO BE USED AS A
PRIMARY MONITORING OR CONTROL SYSTEM, OR TO TAKE THE PLACE OF CERTIFIED ALARM SYSTEMS. UNDER NO CIRCUMSTANCES SHOULD THIS SOFTWARE PRODUCT BE USED
AS PRIMARY MONITORING FOR A FIRE ALARM SYSTEM. IT IS YOUR RESPONSIBILITY TO INSURE THAT ADEQUATE PRIMARY AND BACKUP SYSTEMS AND PROCEDURES ARE IN PLACE
WHILE USING THIS SOFTWARE PRODUCT FOR MONITORING AND CONTROL OF YOUR SECURITY SYSTEM.
LICENSE
Orion Automation, Inc. grants to you a non-exclusive license to this copy of an Orion Automation, Inc. program ("software"). Orion Automation, Inc. reserves all rights not expressly granted to you. You own
the physical media on which the software is recorded, but Orion Automation, Inc. retains ownership and title to the program. This software and accompanying written materials are protected by the United
States Copyright laws and international treaty provisions. Unauthorized copying of the program or any of the written materials is expressly forbidden.
Pursuant to this Agreement, you may: (a) use a single copy of the program on a single computer or single computer terminal at any one time; and (b) make one copy of the program in any computer-
readable form for backup purposes in support of your use of the program on the single computer. Copies of included "set up" program modules (if any) may be copied and placed on more than one
computer owned by you. Since this is a security related product containing proprietary information, you may not transfer the program to another party without the prior express written permission of Orion
Automation, Inc. You may not modify, alter, adapt, translate the program in any way, merge with any other program, or create derivative works without prior written consent of Orion Automation, Inc.
If you transfer the program to another party, only after obtaining the consent of Orion Automation, Inc., you must at the same time either transfer all copies whether in printed or computer-readable form to
the same party or destroy any copies not transferred, including all modifications and portions of the program contained or merged into other programs. You must also reproduce and include the copyright
notice on any copy, modification, or portion merged into another program.
YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE PROGRAM, OR ANY COPY, MODIFICATION, OR MERGED PORTION IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PERMITTED
BY THIS AGREEMENT. IF YOU TRANSFER POSSESSION OF ANY COPY, AFTER OBTAINING THE PRIOR WRITTEN PERMISSION OF ORION AUTOMATION, INC., MODIFICATION, OR MERGED
PORTION OF THE PROGRAM TO ANOTHER PARTY, YOUR LICENSE IS AUTOMATICALLY TERMINATED AND YOU MUST DESTROY ALL COPIES THAT REMAIN IN YOUR POSSESSION OR
TRANSFER THEM TO THE PARTY WHO ACQUIRED THE OTHER COPY(IES).
TERM
The license is effective until terminated. You may terminate it at any time by destroying the program together with all copies, modifications and merged portions in any form. It will also terminate upon
conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the program together with all copies,
modifications, or merged portions in any form. All returns of warranted diskettes must be delivered via certified delivery service to Orion Automation, Inc. at P.O. Box 6425, Branson, Missouri 65615
together with written explanation of the suspected defect. You are responsible for the cost of shipping and insuring the full value of any diskettes returned to Orion Automation, Inc. C.O.D. packages are
not accepted.
LIMITED WARRANTY AND REMEDIES
Orion Automation, Inc. warrants the diskette(s) on which the program is furnished to be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of
delivery to you as evidenced by a copy of your receipt. This warranty is limited to you and is not transferable with the program. Orion Automation, Inc.'s entire liability and your exclusive remedy shall be
limited to replacement of defective program diskettes.
THE FOREGOING WARRANTY DOES NOT EXTEND TO ANY DISKETTE THAT HAS BEEN DAMAGED AS A RESULT OF ACCIDENT, MISUSE, ABUSE, OR AS A RESULT OF SERVICE OR
MODIFICATION BY ANYONE OTHER THAN ORION AUTOMATION, INC.
EXCEPT AS EXPRESSLY SET FORTH ABOVE, NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THIS PROGRAM, INCLUDING BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ORION AUTOMATION, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED
HEREIN. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO
STATE.
Orion Automation, Inc. and its suppliers do not warrant that the functions contained in the program will meet your requirements or that the operation of the program will be uninterrupted or error-free. You
also assume responsibility for the selection of the program to achieve your intended results, and for the installation, use, and results obtained from the program.
YOUR SOLE REMEDIES AND ORION AUTOMATION, INC.'s ENTIRE LIABILITY ARE SET FORTH ABOVE. IN NO EVENT WILL ORION AUTOMATION, INC. OR ITS SUPPLIERS BE LIABLE TO YOU
OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EXPENSES, LOST PROFITS, LOST SAVINGS, OR OTHER DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM.
SOME STATES DO NOT ALLOW THE ABOVE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
U.S. GOVERNMENT RESTRICTED RIGHTS
The program and documentation are provide with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subdivision (b)(3)(ii) of The Rights in
Technical Data and Computer Software clause at 252.227-7013. Contractor/manufacturer is Orion Automation, Inc./P.O. Box 6425/Branson, Missouri, 65615.
GENERAL
You may not sublicense, assign, or transfer the license of the program except as expressly provided in this Agreement. Any attempt to otherwise sublicense, assign, or transfer any of the rights, duties, or
obligations hereunder is null and void.
This Agreement is governed by the Laws of the State of Illinois, excluding it conflict of law provisions. If you have any questions about this Agreement, including warranty service, contact Orion
Automation, Inc., P.O. Box 6425, Branson, Missouri, 65615.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE
COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ORION AUTOMATION, INC. SUPERSEDING ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR
WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
