DIABLO ANALYTICAL, INC. SOFTWARE LICENSE AGREEMENT AND LIMITED WARRANTY
LICENSE AGREEMENT
IMPORTANT: Please carefully read the License Agreement below before installing the software. The right to
use this software product is sold only on the condition that the customer agrees to the following license.
INSTALLING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
In return for payment of the one-time license fee for this software product, Customer receives from Diablo
Analytical, Inc. (Diablo) a license to use the product subject to the following terms and conditions:
Use: The product may be used one computer or workstation. A separate license agreement and fee is
required for each additional computer or workstation on which the product is used. Customer may not
reverse assemble, decompile, or modify the software.
Copies: The software product may not be duplicated or copied except for archive purposes, program error
verification, or to replace defective media, and all copies made must bear the copyright notices contained in
the original.
Ownership: Purchase of this license does not transfer any right, title or interest in the software product to
Customer except as specifically set forth in this License Agreement. Customer is on notice that the software
product is protected under copyright laws.
Transfer of Rights: This license and the software product may be transferred to a third party, with prior written
consent from Diablo, provided the third party agrees to all the terms of this License Agreement and the
Customer does not retain any copies of the software product.
Sublicensing and Distribution: Customer may not sublicense the software or distribute copies of the software
to the public in physical media or by telecommunication without the prior written consent of Diablo.
Termination: Diablo reserves the right to terminate this license upon breach. In event of termination,
Customer will either return all copies of the product to Diablo, or with Diablo's prior consent, provide Diablo
with a certificate of destruction of all copies.
Updates and Upgrades: Customer agrees that the software does not include updates and upgrades which
may be available from Diablo in a separate support agreement.
Export Restrictions: Customer agrees not to export or re-export the software or any copy in violation of the
U.S. Export Administration regulations or other applicable regulation.
LIMITED WARRANTY
Limited Warranty: Diablo warrants that the original disks are free from defects for 90 days from the date of
delivery of the software.
No Other Warranties: To the maximum extent permitted by applicable law, Diablo expressly disclaims any
warranty for the software product. The software product and any related documentation is provided "as is"
without warranty of any kind, either express or implied, including, without limitation, the implied warranties or
merchantability of fitness for a particular purpose. The entire risk arising out of use or performance of the
software product remains with the customer.
Limitation of Liability and Customer Remedies: Diablo's entire liability and the customer's exclusive remedy
under this license agreement shall be, at Diablo's option, either (a) return of the price paid for the software or
(b) replacement of the software that does not meet Diablo's Limited Warranty and which is returned to Diablo
with a copy of the customer's receipt. Any replacement software will be warranted for the remainder of the
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