Reichert IOPac Advanced, Руководство пользователя

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16012-101 Rev. C 35
End User Software License Agreement
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. IT CONTAINS SOFTWARE, THE USE OF
WHICH IS LICENSED BY REICHERT, INC. TO YOU, THE ORIGINAL END USER, FOR YOUR USE ONLY AS SET FORTH BELOW. IF YOU DO
NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. USING ANY PART OF THE
SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.
Software included with this product that are not products of Reichert, Inc. are licensed to you by the software provider. Refer to the license
contained in the provider’s product for the terms of use before using such products.
LICENSE: Reichert, Inc. grants you a nonexclusive license to use the accompanying software program(s) (the “Software”) subject to the terms and
restrictions set forth in this License Agreement. You are not permitted to lease or rent (except under separate mutually agreeable terms set forth in
writing), distribute or sublicense the Software or to use the Software in a time-sharing arrangement or in any other unauthorized manner. Further, no
license is granted to you in the human readable code of the Software (source code). Except as provided below, this License Agreement does not
grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the Software.
The Software is licensed to be used on any personal computer and/or any IOPac, provided that the Software is used only in connection with IOPac.
With respect to the Desktop Software, you may reproduce and provide one (1) copy of such Software for each personal computer or IOPac on which
such Software is used as permitted hereunder. With respect to the Device Software, you may use such Software only on one (1) IOPac. Otherwise,
the Software and supporting documentation may be copied only as essential for backup or archive purposes in support of your use of the Software
as permitted hereunder. You must reproduce and include all copyright notices and any other proprietary rights notices appearing on the Software on
any copies that you make.
Notwithstanding any other provision of this License Agreement, this License Agreement shall not be deemed to apply to the Adobe® Acrobat®
Reader software, Palm Inc. software or any other applications software licensed to you by third parties that is included on the same media as
Reichert, Inc. Software (“Other Software”) if the Other Software provides that the use of the Other Software is subject to the terms and conditions of
the third party’s license agreement.
NO ASSIGNMENT; NO REVERSE ENGINEERING: You may transfer the Software and this License Agreement to another party if the other party
agrees in writing to accept the terms and conditions of this License Agreement. If you transfer the Software, you must at the same time either
transfer all copies of the Software as well as the supporting documentation to the same party or destroy any such materials not transferred. Except
as set forth above, you may not transfer or assign the Software or your rights under this License Agreement.
Modification, reverse engineering, reverse compiling, or disassembly of the Software is expressly prohibited. However, if you are a European Union
(“EU”) resident, information necessary to achieve interoperability of the Software with other programs within the meaning of the EU Directive on the
Legal Protection of Computer Programs is available to you from Reichert, Inc. upon written request.
EXPORT RESTRICTIONS: You agree that you will not export or re-export the Software or accompanying documentation (or any copies thereof) or
any products utilizing the Software or such documentation in violation of any applicable laws or regulations of the United States or the country in
which you obtained them.
TRADE SECRETS; TITLE: You acknowledge and agree that the structure, sequence and organization of the Software are the valuable trade
secrets of Reichert, Inc. and its suppliers. You agree to hold such trade secrets in confidence. You further acknowledge and agree that ownership
of, and title to, the Software and all subsequent copies thereof regardless of the form or media are held by Reichert, Inc. and its suppliers.
TERM AND TERMINATION: This License Agreement is effective until terminated. You may terminate it at any time by destroying the Software and
documentation together with all copies and merged portions in any form. It will also terminate immediately if you fail to comply with any term or
condition of this License Agreement. Upon such termination you agree to destroy the Software and documentation, together with all copies.
GOVERNING LAW: This License Agreement shall be governed by the laws of New York State excluding their conflicts of law principles. The United
Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this License
Agreement.
LIMITED WARRANTY; LIMITATION OF LIABILITY: All warranties and limitations of liability applicable to the Software are as stated on the Limited
Warranty Card or in the product manual accompanying the Software. Such warranties and limitations of liability are incorporated herein in their
entirety by this reference.
SEVERABILITY: In the event any provision of this License Agreement is found to be invalid, illegal or unenforceable, the validity, legality and
enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar
intent and economic impact shall be substituted there for.
ENTIRE AGREEMENT: This License Agreement sets forth the entire understanding and agreement between you and Reichert, Inc., supersedes all
prior agreements, whether written or oral, with respect to the Software, and may be amended only in a writing signed by both parties.