DW -Pro 9200 Series, Operation Instructions Manual

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e. TERM. (i) This License is effective form the date of purchase of the License and shall remain in force until terminated. The End User
may terminate this License at any time by destroying the SOFTWARE and its associated documentation, together with all copies of any
form. (ii) Notwithstanding subparagraph d(i) above, this License may be terminated at any time by written notice of termination given by
Kaltech Enterprises to the End User in any of the following circumstances: (A) If the End User shall expressly or impliedly repudiate this
License by refusing or threatening to refuse to observe any of the conditions to which this License is subject; or (B) If the End User shall
fail to make any payment due under and pursuant to this License or to observe any of the conditions to which this License is subject
and, after the End User’s attention has been drawn by notice to such failure, shall fail to remedy the matter to Kaltech Enterprises’s
reasonable satisfaction within thirty days of the giving of such notice;; or (C) If the End User shall have a receiver or administrative
receiver or administrator appointed or shall enter into liquidation whether compulsory or voluntary or it the End User shall be unable to
pay its debts as and when they fall due. (iii) On expiry, surrender, or other termination of this License, however such termination may
arise, the End User shall cease to load, store, copy or use the Software and the associated documentation, shall delete the SOFTWARE
from its computers and shall either surrender the SOFTWARE and the associated documentation, together with all copies in any form, to
Kaltech Enterprises or shall destroy the same. The End User shall continue termination to observe and enforce confidentiality and
secrecy in respect of the SOFTWARE and its associated documentation for the benefit of Kaltech Enterprises, and however termination
may occur it shall not prejudice any right of action or remedy, which may have occurred prior to termination.
3. BACKUP COPY. In addition to any copies authorized for use under this License, the End User may make a single copy of the
SOFTWARE solely for backup purposes.
4. INTEGRITY OF THE SOFTWARE. The End User shall not enhance or vary any part of the SOFTWARE nor procure or permit the whole
or any part of the SOFTWARE (whether in its original or in any updated, enhanced, or varied form) to be incorporated into any other
software or computer system. Translations, reverse programming, disassembling, and reverse engineering of the SOFTWARE are
expressly prohibited. Provided, however, that nothing in these conditions shall restrict (i) decompiling, notwithstanding that decompiling
may involve adaptation, if the sole purpose of such decompiling is to achieve the interoperability of an independently created program
with other programs, or (ii) any other act permitted to the End User by applicable laws and regulations of the End User’s jurisdictions.
5. NON-PERMITTED USES. Without the express prior written permission of Kaltech Enterprises you may not (a) use, copy, modify, alter
or transfer electronically or otherwise, the SOFTWARE or documentation except as expressly permitted in this License Agreement, or (b)
translate, reverse program, disassemble, decompile, or otherwise reverse engineer the SOFTWARE.
6. U.S. GOVERNMENT RESTRICTED RIGHTS. If you are acquiring the SOFTWARE on behalf of any unit or agency of the United States
Government, the following provision applies: It is acknowledged that the SOFTWARE and the documentation were developed at private
expense and that no part is in the public domain and that the SOFTWARE and documentation are provided with RESTRICTED RIGHTS.
Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (C)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs c (1) and (2) of the Commercial Computer
Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/Manufacturer is Kaltech Enterprises 5436 W Crenshaw St
Tampa FL33634
7. EXPORT CONTROLS. Certain uses of the SOFTWARE by the End User maybe subject to restrictions under U.S. regulations relating
to exports and ultimate end uses of computer software. The End User agrees to fully comply with all applicable U.S. laws and
regulations, including but not limited to the Export Administration Act of 1979 as amended from time to time and any regulations
promulgated there under.
8. LIMITED WARRANTY. (a) Kaltech Enterprises warrants to the End User, (i) that the SOFTWARE (not including any third-party
software) will perform substantially in accordance with the associated documentation and (ii) that the SOFTWARE is properly recorded
on the disk media. This Limited Warranty extends for (90) days from the date of purchase of this License. Kaltech Enterprises does not
warrant any third-party software that is provided with the SOFTWARE, but Kaltech Enterprises agrees to pass on the End User any
warranties of the owner of licensor to the extent permitted by the owner or licensor. (b) This Limited Warranty does not apply to any
software that has been altered, damaged, abused, mis-applied, or used other than in accordance with this License and any instructions
included on the SOFTWARE and the associated documentation. (c) Kaltech Enterprises’s entire liability under this Limited Warranty
shall be the repair or replacement of any SOFTWARE that fails to conform with this Limited Warranty or, at Kaltech Enterprises’s option,
the return price paid for this license. Kaltech Enterprises shall have no liability under this Limited Warranty unless the SOFTWARE is
returned to Kaltech Enterprises or its authorized representative, with a copy of the End User’s receipt, within the warranty period or 30
days, whichever is longer. (d) THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET
FORTH HEREIN, WHETHER EXPRESS OF IMPLIED, SUBJECT TO CONTRARY ORDER PUBLIC REQUIREMENTS IN THE END
USER’S JURISDICTION. (e) The End User’s failure to return the enclosed registration card or complete the electronic registration
included with the SOFTWARE may result in Kaltech Enterprises’s inability to provide the End User with updates to the SOFTWARE, and
the End User assumes the entire risk of performance and result in such en event.
9. CONFIDENTIALITY AND CONTROL OF THE SOFTWARE. The SOFTWARE, all associated documentation, and all copies are secret
and confidential to Kaltech Enterprises and shall be retained under the effective control of the End User during the period of this
License. The End User shall take all measures necessary to preserve confidentiality and secrecy in the SOFTWARE during the period
of this License and after its termination, however such termination may arise.
10. INDEMNITIES AND LIMITATION OF LIABILITY.
(a) Subject to 9(b) below, Kaltech Enterprises warrants to the End User that the
Software as supplied by Kaltech Enterprises will not infringe any copyright, patent, or other intellectual property right of any third party.
Conditionally upon the End User’s promptly giving notice to Kaltech Enterprises of any claim of alleged infringement and allowing
Kaltech Enterprises to have sole control of negotiations on, and any defense of the claim, Kaltech Enterprises shall in its discretion and
at its own cost wither compromise or defend the claim and shall hold the End User harmless from any resulting final judgment, order, or
settlement. Kaltech Enterprises shall have the right to replace or change the SOFTWARE so as to avoid infringement and require the
End User to accept a license to use such replaced or changed SOFTWARE in substitution for this License, provided that the
SOFTWARE as substituted is substantially suitable for the End User’s utilization. (b) Kaltech Enterprises’s maximum liability to the End
User under 9(a) above shall not exceed the License fees actually paid by the End User for the SOFTWARE. If Kaltech Enterprises
becomes aware of a potential claim under 9(a) above, Kaltech Enterprises shall be entitled then or at anytime thereafter to discharge its
liabilities (including potential, accruing, and accrued liabilities) to the End User under 9(a) above by requiring the End User to surrender
this License and to cease use of the SOFTWARE upon Kaltech Enterprises’s paying to the End User a sum equivalent to the maximum
amount of Kaltech Enterprises’s liability as stated above. (c) GENERAL LIMITATION OF LIABILITY AND INDEMNITIES. KALTECH
ENTERPRISES’S MAXIMUM LIABILITY RELATED TO ANY OF THE SOFTWARE SHALL NOT EXCEED THE LICENSE FEES
ACTUALLY PAID BY THE END USER FOR THE SOFTWARE.