4
hardware) does not reduce the number of licenses required. Specifically, you must have that number of
licenses that would equal the number of distinct inputs to the multiplexing or pooling software or hardware “front
end”). If the number of Client Devices or seats that can connect to the SOFTWARE can exceed the number of
licenses you have obtained, then you must have a reasonable mechanism in place to ensure that your use of
the SOFTWARE does not exceed the use limits specified for the license you have obtained. This license
authorizes you to make or download one copy of the Documentation for each Client Device or seat that is
licensed, provided that each such copy contains all the proprietary notices for the Documentation.
c. VOLUME
USE.
If the SOFTWARE is licensed with volume use terms specified in the applicable product
invoicing or packaging, you may make, use and install as many additional copies of the SOFTWARE on the
number of Client Devices as the volume use terms authorize. You must have a reasonable mechanism in place
to ensure that the number of Client Devices on which the SOFTWARE has been installed does not exceed the
number of licenses you have obtained. This license authorizes you to make or download one copy of the
Documentation for each additional copy authorized by the volume license, provided that each such copy
contains all of the proprietary notices for the Documentation.
d. STORAGE/NETWORK
USE.
You may also store or install a copy of the SOFTWARE on a storage device,
such as a network server, used only to install or run the SOFTWARE on your other computers over an internal
network; however, you must acquire and dedicate a license for each separate computer on which the
SOFTWARE is installed or run form the storage device. A license for the SOFTWARE may not be shared or
used concurrently on different computers.
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 PC Open 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 PC Open’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 PC Open 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 PC Open, 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 PC Open 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 PC Open, Inc./328 E Sprague Ave/Spokane, WA 99202/U.S.A
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) PC Open 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. PC Open does not warrant any third-party software that is provided with the SOFTWARE, but PC Open 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, misapplied, or used other than
in accordance with this License and any instructions included on the SOFTWARE and the associated documentation. (c)