Page 33 of 36
P/N 595289-01 Rev B 5/15
END USER LICENSE AGREEMENT
CONTINUED ON NEXT PAGE...
or in part; (v) use the Software to provide any service bureau by which any third
party can access the Software, or by which information produced by the Software
is sold or given to any third party through use of any technology now known or
later devised; (vi) sublicense, assign, delegate or otherwise transfer the License
or any right or obligation related to it for any reason without SCOTT’s prior written
consent (any attempt to sublicense, assign, delegate or transfer this license, by
contract, statute, corporate merger of any sort, regulation or court order without
SCOTT’s prior written consent shall be void); (vii) export the Software outside of the
country in which it was purchased without SCOTT’s express prior written consent;
or (viii) install and operate the Software at any location not specifically licensed in
writing by SCOTT for such installation whether through physical transfer of a copy,
electronic access through a wide area network of any description, or by any other
means now known or hereinafter devised.
Unauthorized copying of the Software or failure to comply with the above
restrictions, will result in automatic termination of this Agreement. Un-
authorized copying or distribution of the Software constitutes copyright
infringement and may be punishable in a federal criminal action by a fine
of up to U.S. $250,000 and imprisonment up to five (5) years. In addition,
federal civil remedies for copyright infringement allow for the recovery
of actual damages based on the number of copies produced or statutory
damages of up to U.S. $150,000 for willful copyright infringement.
4.
Term
. This Agreement shall continue for as long as you use the Software licensed
herein or until terminated by SCOTT, whichever occurs first. Without prejudice
to any other rights, this Agreement will terminate if you fail to comply with any of
its terms or conditions. You agree, upon termination, to destroy all copies of the
Software.
5.
NO WARRANTIES. THE SOFTWARE IS FURNISHED “AS IS” AND WITH ALL
FAULTS. SCOTT, ITS AFFILIATES, RESELLERS, TECHNICAL SUPPORT
PROVIDERS, DISTRIBUTORS, LICENSORS, AND SUBLICENSEES, MAKE,
AND YOU RECEIVE, NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY,
OR IN ANY COMMUNICATION WITH YOU. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, SCOTT, ITS AFFILIATES, RESELLERS,
TECHNICAL SUPPORT PROVIDERS, DISTRIBUTORS, LICENSORS, AND
SUBLICENSEES DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTY
THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR
ERROR-FREE. YOU EXPRESSLY ASSUME ALL RISK RESULTING FROM
SUPPORT SERVICES (WHETHER PERFORMED IN WHOLE, IN PART OR
NOT AT ALL), OR FROM ANY VIRUS, DOWNLOADED MATERIAL, HARMFUL
COMPONENT, OR THROUGH ANY INTERNET USE RESULTING FROM OR
RELATING TO YOUR USE OF THE SOFTWARE OR ANY SITE OR SERVER
THROUGH WHICH THE SOFTWARE IS AVAILABLE. YOU SHALL BE SOLELY
RESPONSIBLE FOR THE ACCURACY AND TRANSMISSION OF ALL DATA
ENTERED, ANY DAMAGE THAT RESULTS FROM OR IS ASSOCIATED WITH
USE OF THE SOFTWARE.
IF THE SOFTWARE WAS PURCHASED IN THE UNITED STATES, THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU SINCE SOME STATES DO NOT AL-
LOW THE EXCLUSION OF IMPLIED WARRANTIES. IN ADDITION TO THE
ABOVE WARRANTY RIGHTS, YOU MAY ALSO HAVE OTHER RIGHTS, WHICH
VARY FROM STATE TO STATE. THE ENTIRE RISK ARISING OUT OF USE
OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
6.
LIMITATION OF LIABILITY. THE LIMITATION OF LIABILITY IS TO THE MAXI-
MUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL
ANY OR ALL OF THE FOLLOWING: SCOTT, ITS AFFILIATES, RESELLERS,
TECHNICAL SUPPORT PROVIDERS, DISTRIBUTORS, LICENSORS AND/
OR SUBLICENSEES BE LIABLE FOR ANY DAMAGES, WHETHER ARISING
IN CONTRACT, TORT OR OTHERWISE AND INCLUDING, WITHOUT LIMIT,
ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OR CORRUP-
TION OF BUSINESS INFORMATION OR OTHER DATA, COST OF COVER,
OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE OR THE FAILURE TO PROVIDE FULL
