SpectraVue™
License Agreement
END USER LICENSE AGREEMENT for RFSPACE Inc. SpectraVue®
IMPORTANT--READ CAREFULLY: This SpectraVue End User License Agreement ("END USER LICENSE") is a legal agreement between you and RFSPACE Inc. for the SpectraVue software program, which includes computer software and associated media and printed materials (if any) and portions of any plug-in associated therewith that contain the intellectual property of RFSPACE Inc. that you may now or hereafter download, and may include online or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this END USER LICENSE. If you do not agree to the terms of this END USER LICENSE, you are not authorized to use the SOFTWARE PRODUCT and, if you paid money for the SOFTWARE PRODUCT, you should return it to the vendor you bought it from for a refund.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as by other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE: RFSPACE grants to you, an individual or business, a nonexclusive, non transferable license (a) to use the Software on any number of systems where an RFSPACE Product (the "Product") is used or at a laboratory where development to support the use of Products is performed and (b) to make one additional copy of the Software solely for backup purposes. You are not licensed to make any other use of the Software. In addition, you may NOT (a) work around any technical limitations in the Software; (b) reverse engineer, translate, modify, decompile or disassemble the Software or any copy, in whole or in part, except and only to the extent that applicable law expressly permits you to do so despite this limitation; (c) make more copies of the Software than specified in this Agreement or allowed by applicable law despite this limitation; (d) publish the Software for others to copy; (e) rent, lease, lend or otherwise distribute the Software; (f) transfer the Software or this Agreement to any third party.
RFSPACE Inc. may, but is not obligated to, provide you with updates or upgrades to the SOFTWARE PRODUCT ("UPDATES"), for free or subject to payment of additional license fees. Use of any UPDATE is subject to the terms of this END USER LICENSE. By installing, copying or otherwise using any such UPDATE, you agree to be bound by the terms of this END USER LICENSE with respect to such UPDATE.
2. RESTRICTIONS
-- You must maintain all copyright notices on all copies of the SOFTWARE PRODUCT.
-- You may not distribute copies of the SOFTWARE PRODUCT to third parties.
-- You may not export the SOFTWARE PRODUCT to any country, entity or person to which export would be illegal.
-- You may not modify, reverse engineer, decompile or disassemble the SOFTWARE PRODUCT.
-- You may not rent or lease the SOFTWARE PRODUCT.
-- You may permanently transfer all of your rights under this END USER LICENSE only in conjunction with a permanent transfer or destruction of all copies that you have made of the SOFTWARE PRODUCT.
3. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT and any copies thereof are owned by RFSPACE Inc. or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions thereunder. This END USER LICENSE grants you no rights to use such content.
4. NO WARRANTY. THE SOFTWARE PRODUCT IS LICENSED TO YOU "AS IS" AND ANY USE OF THE SOFTWARE PRODUCT IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RFSPACE Inc. AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
5. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RFSPACE Inc. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) REGARDLESS OF CAUSE OR FORM OF ACTION, INCLUDING CONTRACT, TORT OR NEGLIGENCE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF RFSPACE Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY. RFSPACE Inc.'s AND ITS SUPPLIERS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS END USER LICENSE SHALL NOT EXCEED ONE DOLLAR (US $1.00) OR THE TOTAL AMOUNT YOU PAID FOR THE SOFTWARE PRODUCT, WHICHEVER IS GREATER.
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7. U.S. GOVERNMENT RESTRICTED RIGHTS: If you are an agency or contractor of the United States Government, you acknowledge and agree that (a) the Software was developed entirely at private expense, (b) the Software in all respects is proprietary data belonging solely to RFSPACE or its licensors, (c) the Software is not in the public domain, and (d) the Software is "Commercial Computer Software" as defined in sub-paragraph (a)(1) of DFAR Section 252.227-7014 or any successor regulation thereto.
