Ocean Optics DTS - Manual (Page 5)

Polychromix DTS TM Near-Infrared Spectrometer v
Operator’s Manual
Document Number 04-91-0201-00 Rev A
License Agreement
IMPORTANT - READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS
SOFTWARE. OPERATING THE SOFTWARE ON THE EQUIPMENT INDICATES YOUR ACCEPTANCE
OF THESE TERMS AND CONDITIONS.
Polychromix, (hereinafter “Polychromix”) provides this Licensed Program, as defined below, to you, the
end user (hereinafter referred to as “Licensee”), and you, Licensee, accept the Licensed Program on the
following terms and conditions:
1) DEFINITIONS. As used herein, “Licensed Program” means the computer software and
accompanying documentation provided with the System; and “System” means a spectrometer and
accompanying equipment supplied by Polychromix to you, Licensee.
2) GRANT OF LICENSE. Polychromix grants to you, Licensee, a nonexclusive, non-transferable
LICENSE to use a copy of the Licensed Program with a single spectrometer in accordance with this
license agreement.
3) OWNERSHIP OF THE LICENSED PROGRAM. Polychromix owns and will retain all title, copyright,
trademark and other proprietary rights in and to the Licensed Program. This LICENSE is not a sale of
the Licensed Program or any copy of it. You, the Licensee, obtain only such rights as are provided in
this Agreement. You understand and agree as follows: You may use the Licensed Program on a
single system. You may make one backup copy of the Licensed Program for archival purposes as
permitted by the United States Copyright Act. You must reproduce and include the copyright notice
with the backup copy. You may not reverse compile, reverse assemble, reverse engineer, modify,
incorporate it in whole or in part in any other product or create derivative works based on all or any
part of the Licensed Program. You may not remove any copyright, trademark, proprietary rights,
disclaimer or warning notice included on or embedded in any part of the Licensed Program. You may
not sell, license, sublicense, assign, rent, or otherwise transfer the Licensed Program without the
written permission of Polychromix. Polychromix will not withhold permission to transfer the LICENSE
as long as you permanently transfer the Licensed Program (including all components and archival
copies, if any) in conjunction with the System with which it was acquired, and the person who wishes
to obtain the System and the LICENSE agrees to the terms and conditions of this Agreement. You
may not use the Licensed Program in any country other than that in which it was obtained or
otherwise export the Licensed Program.
4) TERM. The term of this LICENSE will continue until Polychromix provides written consent to
assignment or transfer of this LICENSE or until Polychromix terminates this LICENSE as provided
herein. Polychromix may terminate this LICENSE by giving the buyer written notice specifying any
failure or default in the performance of any provisions of this LICENSE if the buyer fails to cure said
failure or default within 30 days after such notice. Upon termination of this License, you will promptly
return to Polychromix or destroy all copies of the Licensed Program.
5) LICENSEE’S RESPONSIBILITIES FOR SELECTION AND USE OF THE LICENSED PROGRAM
AND THE SYSTEM. The Spectrometer and the Licensed Program when used together is a tool that
Polychromix hopes you will find useful in your efforts to test and analyze chemicals. HOWEVER,
POLYCHROMIX DOES NOT WARRANT THAT THE SYSTEM AND/OR THE LICENSED PROGRAM
IS SUITABLE FOR ANY SPECIFIC TASK OR IS ACCURATE TO ANY SPECIFIC DEGREE. You
are responsible for the supervision, management and control of the use of the System and the
Licensed Program, and output thereof, including, but not limited to: (a) selection of the System and
the Licensed Program to achieve your intended results; (b) determining the appropriate uses of the
System and the Licensed Program in your business; (c) establishing adequate independent
procedures for testing the accuracy of the System and the Licensed Program; and (d) establishing
adequate backup to obtain accurate data and prevent the loss of data in the event of a malfunction of
the System or the Licensed Program.