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PIPS II Owners Manual and Users Guide
Gatan Software License Agreement
1.
IMPORTANT. Please read this License
Agreement carefully before opening the
accompanying media envelope or installing the
Gatan, Inc. (“Gatan”) supplied software (“Software”)
on your computer, or using the Software installed on
a computer provided by Gatan. Rights in the
Software are offered only on the condition that you
agree to all terms and conditions of this License
Agreement. OPENING THE MEDIA ENVELOPE,
INSTALLING THE SOFTWARE ON YOUR
COMPUTER, OR FIRST USE OF THE
SOFTWARE INSTALLED ON A COMPUTER
PROVIDED BY GATAN INDICATES YOUR
ACCEPTANCE OF THE TERMS AND
CONDITIONS OF THIS LICENSE AGREEMENT.
If you do not agree to the terms of this License
Agreement, you must return the unopened media
envelope and/or the computer system for a full refund
of the license fee paid for the use of the Software
and/or the purchase price of the computer system.
2. LICENSE
AGREEMENT.
In return for the
price paid for the Software by you, Gatan hereby
grants to you (either as an individual or entity) a
personal, non-exclusive, non-transferable (except as
set forth herein) single user license to use and install
the Software, as appropriate, on a single computer
that supports a single microscope. A separate license
agreement and fee are required if: (1) the Software is
installed or used on more than one computer or (2)
the Software is used in connection with more than
one microscope.
3.
RESTRICTIONS. You may not reverse
engineer, copy, or sublicense the Software. You may
not reverse assemble, reverse engineer, decompile, or
disassemble the Software. You may not modify,
copy, or duplicate the Software except that you may
make one back-up copy for archival purposes
provided that such copy bears the copyright notices
included in the original. You may not sublicense the
Software or distribute copies or adaptations of the
Software to the public in physical media or by
telecommunications without the prior written consent
of Gatan.
4. OWNERSHIP.
4.1
You agree that you do not have any title to,
or ownership rights in, the Software, other than
ownership of the physical media, and further agree
that such title and ownership rights remain the
exclusive property of Gatan or a Gatan third party
supplier.
4.2
You acknowledge and agree that the
Software is copyrighted and protected under the
copyright laws of the United States of America.
4.3
You acknowledge and agree that the
Software may have been developed by a third party
supplier named in the copyright notices included with
the Software. You agree that such a third party shall
be authorized to hold you responsible for any
copyright infringement or violation of this License
Agreement.
5.
TRANSFER OF RIGHTS. You may transfer
your rights in the Software to a third party only if you
transfer all of your rights in the Software. Upon such
transfer, you agree that your rights in the Software
are terminated and that you will destroy all your
copies of the Software or deliver such copies to the
third party transferee. To effectuate any transfers, you
agree that you shall obtain the transferee’s prior
written agreement to be bound by the terms of this
License Agreement.
6.
EXPORT. You agree not to export or re-
export the Software or any copy or adaptation of the
Software in violation of U.S. Export Administration
regulations or other applicable regulations.
7.
LIMITED SOFTWARE WARRANTY.
Gatan warrants for a period of one (1) year from the
date of shipment (“Warranty Period”) that the
Software will execute the programming instructions
set forth in the accompanying documentation, when
properly installed on a computer whose hardware and
software configuration fully complies with the
configurations specified in the most current Gatan
operating manuals, and provided the failure has not
resulted from accident, abuse or misapplication.
Gatan does not warrant that the operation of the
Software will be uninterrupted or error free. In the
event that the Software fails to execute its
programming instructions during the Warranty
Period, your remedy shall be to return the physical
media to Gatan for replacement. Should Gatan be
unable to replace the media within a reasonable
amount of time, your alternate remedy shall be a
refund of the purchase price paid upon return of the
Software and all copies.
8.
LIMITED MEDIA WARRANTY. Gatan
warrants the media upon which this Software is
recorded to be free from defects in material and
workmanship under normal use for a period of one
(1) year from the date of shipment. In the event that
any media proves to be defective during the Warranty
Period, your remedy shall be to return the physical
media to Gatan for replacement. Should Gatan be
unable to replace the media within a reasonable