Appendix A: Software License Agreement
This Software License Agreement is part of the Operating Manual for the product and software system for
which you have purchased from FARO Technologies Inc. (collectively, the "Licenser"). With your use of
the software, you are agreeing to the terms and conditions of this Software License Agreement.
Throughout this Software License Agreement, the term "Licensee" means the owner of the System.
I.
The Licenser hereby grants the Licensee the non-exclusive right to use the computer software described
in this Operating Manual (the "software"). The Licensee shall have no right to sell, assign, sub-license,
rent or lease the software to any third party without the Licenser’s prior written consent.
II.
The Licenser further grants the Licensee the right to make a backup copy of the software media. The
Licensee agrees that it will not decompile, disassemble, reverse engineer, copy, transfer, or otherwise use
the software except as permitted by this section. The Licensee further agrees not to copy any written
materials accompanying the software.
III.
The Licensee is licensed to use the Software only in the manner described in the Operating Manual.
Use of the Software in a manner other than that described in the Operating Manual or use of the software
in conjunction with any non-Licenser product which decompiles or recompiles the software or in any
other way modifies the structure, sequence or function of the software code, is not an authorized use, and
further, such use voids the Licenser’s set forth below.
IV.
The only warranty with respect to the software and the accompanying written materials is the
warranty, if any, set forth in the Quotation/Purchase Order and
pursuant to which the software was purchased from the Licenser.
V.
THIS WARRANTY IS IN LIEU OF OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND WRITTEN
MATERIALS. IN NO EVENT WILL THE LICENSER BE LIABLE FOR DAMAGES, INCLUDING
ANY LOST PROFITS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF THE USE OR INABILITY TO USE THE SOFTWARE, NOTWITHSTANDING THAT THE
LICENSER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THE LICENSER
WILL NOT BE LIABLE FOR ANY SUCH CLAIM BY ANY OTHER PARTY.
VI.
In the event of any breach by the Licensee of this Agreement, the license granted hereby shall
immediately terminate and the Licensee shall return the software media and all written materials, together
with any copy of such media or materials, and the Licensee shall keep no copies of such items.
VII.
The interpretation of this Agreement shall be governed by the following provisions:
A.
This Agreement shall be construed pursuant to and governed by the substantive laws of the State
of Florida (and any provision of Florida law shall not apply if the law of a state or jurisdiction other
than Florida would otherwise apply).
B.
If any provision of this Agreement is determined by a court of competent jurisdiction to be void
and non-enforceable, such determination shall not affect any other provision of this Agreement, and
FARO
®
Focus Premium Laser Scanner User Manual
Appendix A: Software License Agreement
FARO Focus Premium (March 2022)
Page 142 of 157
