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9 end user license agreement for software (eula) – Ocean Optics PlasCalc User Manual

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Ocean Optics Germany GmbH PlasCalc 2000 Thin Film Metrology

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9 End User License Agreement for Software (EULA)

This End User License Agreement ("EULA") is a legal agreement between you
(either an individual or a single entity) and Ocean Optis Germany GmbH ("Ocean
Optics") for the Ocean Optics PlasCalc software, which includes computer software
and may include associated media, printed materials, and "online" or electronic
documentation ("SOFTWARE"). By installing, copying, or otherwise using the
SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree
to the terms of this EULA, do not install, copy or use the SOFTWARE.

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.

1. License to Use
Ocean Optics Germany grants you a non-exclusive and non-transferable license for
the internal use only of the SOFTWARE and any error corrections provided by
Ocean Optics, with one (1) computer at a time and you must ensure that only one
copy is in use at any given time.

2. Restrictions
SOFTWARE is confidential and copyrighted. Title to SOFTWARE and all
associated intellectual property rights is retained by Ocean Optics and/or its
licensors. You may not make copies of SOFTWARE, other than a single copy of
SOFTWARE for archival purposes. Unless enforcement is prohibited by applicable
law, you may not modify, decompile, or reverse engineer SOFTWARE. No right,
title or interest in or to any trademark, service mark, logo or trade name of Ocean
Optics or its licensors is granted under this EULA.

3. Limited Warranty
Ocean Optics warrants to you that for a period of six (6) months from the date of
purchase, as evidenced by a copy of the receipt, the media on which SOFTWARE
is furnished (if any) will be free of defects in materials and workmanship under
normal use. Except for the foregoing, SOFTWARE is provided "AS IS". Your
exclusive remedy and Ocean Optics entire liability under this limited warranty will
be at Ocean Optics option to replace SOFTWARE media or refund the fee paid for
SOFTWARE

4. Disclaimer of Warranty
Unless specified in this EULA, all express or implied conditions, representations
and warranties, including any implied warranty of merchantability, fitness for a
particular purpose or non-infringement are disclaimed, except to the extent that
these disclaimer are held to be legally invalid.