JDS Uniphase Corporation Swept Wavelength System Software
For WINDOWS
Version: See User's Manual/CD ROM Label
JDS UNIPHASE CORPORATION END USER LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY: This End User License Agreement (“EULA”) is a legal
agreement between you (either an individual or a single entity) and JDS Uniphase
Corporation and its subsidiaries (collectively "JDS Uniphase")
for the JDS Uniphase
product identified above, which includes computer software and associated media and
printed materials ("SOFTWARE"). By installing, copying or otherwise using the
SOFTWARE, you agree to be bound by the terms of this EULA. If you do NOT agree to
the terms of this EULA, promptly return the unopened and unused SOFTWARE to the
place from which you obtained it for a full refund.
SOFTWARE LICENSE:
The SOFTWARE is protected by intellectual property laws and international
treaties, including copyright, and is only licensed, not sold.
1.
GRANT OF LICENSE
This EULA grants you the following rights:
1.1
JDS Uniphase grants to you the right to install and use one copy of the SOFTWARE on a single
computer, solely for use in conjunction with JDS Uniphase supplied hardware or hardware approved by
JDS Uniphase. In case of equipment failure, you may use the SOFTWARE on a back-up system, but only
for such limited time as is required to rectify the failure.
1.2
You may make one copy of the SOFTWARE, except for the printed materials, solely for backup or
archival purposes.
2.
OTHER RIGHTS AND LIMITATIONS
2.1
You may not (nor permit others to so do) copy, translate, modify, create derivative works, reverse
engineer, decompile, disassemble, except and only to the extent that such activity is expressly permitted
by applicable law notwithstanding this limitation.
2.2
You may not rent or lease the SOFTWARE or any portion of the SOFTWARE.
2.3
You may permanently transfer all your rights under this EULA, provided you retain no copies, you
transfer all of the SOFTWARE (including all components parts, the media and printed materials), you
transfer JDS Uniphase supplied hardware, and the recipient agrees to the terms of this EULA.
3
.
SUPPORT AND UPGRADES
Where JDS Uniphase provides support and optional upgrades, you may
receive SOFTWARE support and optional upgrades for the SOFTWARE upon payment of any applicable
fees.
4
.
WARRANTIES AND INDEMNIFICATION
4.1
JDS Uniphase warrants that the SOFTWARE under normal use and service as originally delivered to
you will function substantially in accordance with the functional description set out in the user manual
supplied with the SOFTWARE for a period of 90 days from the date of shipment, when used in accordance
with the user manual. JDS Uniphase’s sole liability and your sole remedy for a breach of this warranty shall
be JDS Uniphase’s good faith efforts to rectify the nonconformity or, if after repeated efforts JDS Uniphase is
unable to rectify the non-conformity, JDS Uniphase shall accept return of the SOFTWARE and shall refund
to you all amounts paid in respect thereof. This warranty is void if failure of the SOFTWARE has resulted
from accident, misuse, abuse, misapplication or modification.
4.2
JDS UNIPHASE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS AND
REPRESENTATIONS WHETHER EXPRESS, IMPLIED, ORAL OR STATUTORY, INCLUDING WITHOUT
LIMITATION, WARRANTIES, CONDITIONS OR REPRESENTATIONS OF WORKMANSHIP,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, THAT THE SOFTWARE
WILL BE FREE FROM INFRINGEMENT OR VIOLATION OF ANY RIGHTS, INCLUDING INTELLECTUAL
PROPERTY RIGHTS, OF THIRD PARTIES OR THAT THE OPERATION OF THE SOFTWARE WILL BE
ERROR FREE.
4.3
JDS Uniphase products are intended for standard commercial uses. They are not intended for use in
any “High Risk Activity”, as described in this paragraph. You acknowledge and agree that the products
supplied hereunder are not fault-tolerant and are not designed, manufactured or intended for use or resale in
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