Sophisticated Circuits PowerKey Pro 600, Руководство пользователя

Страница: 108 / 110

Page 108 Appendices
PowerKey Software License
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE
AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE,
PROMPTLY RETURN THE UNUSED SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT.
1. License. The enclosed system software (the “Software”) and related documentation are licensed to you by
Sophisticated Circuits, Inc. (“SCI”). You own the disk on which the Software is recorded but SCI retains title to the
Software. This License allows you to use the Software on a single computer and make one copy of the Software in
machine-readable form for backup purposes only. You must reproduce on such copy the SCI copyright notice and any
other proprietary legends that were on the original copy of the Software. You may also transfer the Software, the backup
copy of the Software, the related documentation and a copy of this License to another party, provided the other party
reads and agrees to accept the terms and conditions of this License.
2. Restrictions. The Software contains copyrighted material, trade secrets and other proprietary material and in order to
protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-
perceivable form. You may not modify, network, rent, lease, loan, sell, distribute or create derivative works based upon the
Software in whole or in part. You may not electronically transfer the Software from one computer to another over a
network.
3. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the
Software and all copies thereof. This License will terminate immediately without notice from SCI if you fail to comply with
any provision of this License. Upon termination you must destroy the Software and all copies thereof.
4. Export Law Assurances. You agree and certify that neither the Software nor any other technical data received from SCI,
nor the direct product thereof, will be exported outside the United States except as authorized in advance by SCI, in
writing, and as permitted by the laws and regulations of the United States.
5. Government End Users. (a) If this Software is acquired by or on behalf of a unit or agency of the United States
Government this provision applies. This Software: (i) was developed at private expense, and no part of it was developed
with government funds; (ii) is a trade secret of SCI for all purposes of the Freedom of Information Act; (iii) is “commercial
computer software” subject to limited utilization as provided in the contract between the vendor and the governmental
entity; and (iv) in all respects is proprietary data belonging solely to SCI. (b) For units of the Department of Defense (DOD),
this Software is sold only with “Restricted Rights” as that term is defined in the DOD Supplement to the Federal
Acquisition Regulations (“DFARS”) 52.227-7013 (c) (1) (ii) and use, duplication or disclosure is subject to restrictions as set
forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 52.227-7013.
Manufacturer: Sophisticated Circuits, Inc., 19017 120th Ave. NE, Suite 106, Bothell, WA 98011. (c) If this Software was
acquired under a GSA Schedule, the Government has agreed: (i) to refrain from changing or removing any insignia or
lettering from the Software that is provided or from producing copies of manuals or disks (except one copy for backup
purposes); (ii) title to and ownership of this Software and any reproductions thereof shall remain with SCI; (iii) use of this
Software shall be limited to the facility for which it is acquired; and (iv) if use of the Software is discontinued at the
installation specified in the purchase/delivery order and the Government desires to use it at another location, it may do so
by giving prior written notice to SCI, specifying the type of computer and new location site. (d) Government personnel
using this SCI Software, other than under a DOD contract or GSA Schedule, are hereby on notice that use of this Software
is subject to restrictions which are the same as, or similar to, those specified above.
6. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk.
The Software and related documentation are provided “AS IS” and without warranty of any kind and SCI EXPRESSLY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SCI DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL
BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, SCI
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SCI OR AN SCI AUTHORIZED REPRESENTATIVE
SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE
PROVE DEFECTIVE, YOU (AND NOT SCI OR AN SCI AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL SCI BE LIABLE FOR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE
SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SCI OR AN SCI AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In no event shall SCI’s total liability to you for all damages, losses, and causes of action (whether in contract, tort
(including negligence) or otherwise) exceed the amount paid by you for the Software.
8. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the
State of Washington, except that body of Washington law concerning conflicts of law. If for any reason a court of
competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the
License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of
this License shall continue in full force and effect.
9. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the
Software and related documentation, and supersedes all prior or contemporaneous understandings or agreements,
written or oral, regarding such subject matter.
©1990-96 Sophisticated Circuits, Inc., 19017 120th Ave. NE, Suite 106, Bothell, WA 98011. 206-485-7979