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P/N 595289-01 Rev B 5/15
END USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: THIS IS A LEGAL AGREEMENT BETWEEN YOU,
A SINGLE ENTITY (AS DEFINED IN SECTION 11 BELOW) (“YOU[R]”) AND SCOTT
TECHNOLOGIES, INC. d/b/a SCOTT HEALTH AND SAFETY, 4320 GOLDMINE
ROAD, MONROE, NC 28110 (“SCOTT”) PERTAINING TO THE SOFTWARE YOU
ARE ABOUT TO INSTALL, COPY, ACCESS OR OTHERWISE USE (SINGULARLY
AND COLLECTIVELY, THE “SOFTWARE”). SCOTT LICENSES THE SOFTWARE TO
YOU ONLY UPON THE EXPRESS CONDITION THAT YOU ACCEPT ALL OF THE
TERMS AND CONDITIONS CONTAINED IN THIS LICENSE AGREEMENT (THE
“AGREEMENT”). YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND
CONDITIONS BEFORE ACCESSING THE SOFTWARE. BY OPENING THE SEALED
PACKAGE, INSTALLING, COPYING, ACCESSING OR OTHERWISE USING THE
SOFTWARE, YOU ACCEPT THESE TERMS AND CONDITIONS AND UNDERSTAND
THAT THEY WILL BE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE TO THE
TERMS, THEN SCOTT IS UNWILLING TO LICENSE THE SOFTWARE TO YOU. IF
YOU DO NOT AGREE WITH THEM, OR DO NOT WANT THEM BINDING ON YOU,
YOU MUST NOT INSTALL, COPY, ACCESS OR OTHERWISE USE THE SOFTWARE
AND YOU MAY RETURN THE SOFTWARE FOR A FULL REFUND (LESS ANY SHIP-
PING FEES) WITHIN THIRTY (30) DAYS OF YOUR LICENSE PURCHASE DATE.
IMPORTANT WARNING: IT IS CRITICAL FOR YOU TO REGULARLY BACK UP
YOUR DATA. DATA BACK UP IS SOLELY YOUR RESPONSIBILITY. IN NO EVENT
SHALL SCOTT BE LIABLE FOR ANY LOSS OF DATA.
1.
Grant of License
. The Software is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and treaties. The
Software is licensed, not sold, as follows: SCOTT hereby grants and you accept
a non-exclusive, non-transferable license, subject to each provision of this Agree-
ment, including, but not limited to, Sections 2 and 3 herein: to install and use the
Software on only one (1) computer at one (1) location at any one (1) time. All
rights not expressly granted to you are hereby reserved by SCOTT.
Upgrades
: If the Software is an upgrade (“
New Version
”) to a version previ-
ously licensed to you (“
Previous Version
”), you must destroy all copies of the
Previous Version. SCOTT reserves the right to require you to show satisfactory
proof that the Previous Version was destroyed. If SCOTT provides you additional
materials that supplement or extend the Software, those additional materials shall
be subject to this Agreement’s terms and conditions unless SCOTT otherwise
agrees in writing. Notwithstanding the foregoing, you may retain one (1) back-up
copy of the Previous Version and may use it solely: (i) to install the New Version
hereby licensed and (ii) for archival (backup) purposes to reinstall the New Ver-
sion hereby licensed if the initial installation fails. Under no circumstances may
you otherwise operate the Previous Version and your license rights to each such
Previous Version are terminated upon your first successful installation of the New
Version.
2.
Title and Copyright
. It is hereby understood and agreed that as between SCOTT
and you, SCOTT is the owner of all rights, title and interest, including the copy-
right, to the Software recorded on the media on which the Software is furnished
and all subsequent copies thereof, regardless of the media or form in which the
Software or copies thereof may exist. Except as expressly provided herein, you
do not acquire any rights to the Software through the purchase of licenses to the
Software.
3.
Limitations On Use
. The License granted to You shall not extend to any third
party. Except as specifically permitted pursuant to this Agreement, You shall not:
(i) copy (except as permitted by applicable law or as provided in this Agreement),
sell, modify, translate, transfer, reverse engineer, decompile or disassemble the
Software, provided, however, that if You require information necessary to create an
independent program which is interoperable with the Software, upon written notifi
-
cation of such requirement SCOTT will make the necessary information available
to You upon You entering into obligations to keep the information confidential and
payment of SCOTT’s costs of providing such information; (ii) remove any proprietary
notice, label or mark, on or in the Software, whether in machine language or hu-
man readable form; (iii) transmit or distribute the Software, in whole or in part; (iv)
create any derivative work that is based on or incorporates the Software, in whole
