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End user license agreement, For image server software – Powerware Model V-2000B User Manual

Page 117

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Warranty and EULA = 115

End User License Agreement

For Image Server Software

IMPORTANT
THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND 360 SYSTEMS® (“COMPANY”).

COMPANY IS WILLING TO LICENSE THE IMAGE SERVER SOFTWARE TO YOU ONLY UPON

THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS SOFTWARE

LICENSE AGREEMENT (“AGREEMENT”). PLEASE READ THE TERMS CAREFULLY BEFORE

OPENING THIS PACKAGE, OR IF DOWNLOADED, BEFORE INSTALLING THE SOFTWARE, AS

OPENING THE PACKAGE, OR IN THE CASE OF DOWNLOADED SOFTWARE, INSTALLING IT,

WILL INDICATE YOUR ASSENT TO THEM. IF YOU DO NOT AGREE TO THE LICENSE TERMS,

THEN COMPANY IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, IN WHICH EVENT

YOU MAY RETURN THE UNOPENED SOFTWARE PACKAGE TO THE PLACE FROM WHICH IT

WAS ACQUIRED WITHIN 14 DAYS OF THE DATE OF PURCHASE AND YOUR MONEY WILL

BE REFUNDED. IF YOU ARE VIEWING THIS AGREEMENT ELECTRONICALLY, SELECT THE

“ACCEPT” BUTTON AT THE BOTTOM OF THIS PAGE TO INDICATE YOUR ACCEPTANCE OF

THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ITS TERMS,
SELECT THE “DECLINE” BUTTON AT THE BOTTOM OF THIS PAGE AND THE REGISTRATION

OR INSTALLATION PROCESS WILL NOT CONTINUE.

1. Company grants to You a nonexclusive license to use the Image Server software program (the

“Software”) and any accompanying documentation (“Documentation”) solely for your internal business
needs pursuant the terms and conditions of this Agreement. The license to use the Software is

conditioned upon Your compliance with the terms of this Agreement. You shall be solely responsible
for installation of the Software.


Your use of the Software is limited to the licensing option set forth on your invoice. Each licensing

option is defined as follows:

Single User License. Software provided to You under this option may only be installed on any Image

Server owned or controlled by You, but in no event may it be used on more than one Image Server at
the same time.


Multiple User License. Software provided under this option may be installed on more than one Image

Server owned or controlled by You, the maximum number of which is indicated on the purchase invoice
for this Software.

2. You may not transfer the Software to another entity or person. Any such transfer terminates your license

under this Agreement. You shall not modify, translate, reverse assemble or reverse compile in whole or
in part the Software that is provided in object code. You may not rent, sell, time-share, lease, sublicense,

transfer, publish, disclose, display, or otherwise make available the object code or copies thereof to
others. You may not make copies of the object code except as provided herein. You shall not tamper

with, bypass or alter any security features of the Software or attempt to do so.

3. This license is not a sale. Title, ownership rights, and intellectual property rights in and to the Software

and Documentation shall remain with the Company. You agree to abide by the copyright laws and all

other applicable laws of the United States. You acknowledge that the Software design remains a
confidential trade secret of Company. Failure to comply with the above restrictions will result in