Liquid Controls DMS Delivery - Manual (Page 3)

3
Software License Agreement
Read this license carefully. You agree that by using the itemized software package, you have
agreed to the software license terms and conditions. This agreement constitutes complete and entire
agreement between you and Liquid Controls with respect to this product.
1. Liquid Controls hereby grants to Licensee a
nonexclusive license to use DMS Menu, LCP File
Server, DMS Delivery, and LCR Host Software
(hereinafter referred to as “Licensed Software”)
2. Under the License granted herein, Licensee may use
the itemized machine readable (executable code)
copy of the Software, including any subsequent
updates which may be provided. Licensee shall not,
without Liquid Controls’ prior written consent, (a) rent,
lease, lend, sublease or otherwise transfer the
materials hereunder; (b) remove or obscure
proprietary or copyright notices which may be set
forth on the Licensed Software; or (c) alter,
decompile, or disassemble the program.
3. One (1) copy of the Licensed Software, including any
software distributed on disks may be made for
backup purposes only. No other copies may be made
or used without the written consent of Liquid Controls.
4. Title. No title to ownership of any Licensed Software
is transferred to the Licensee.
5. Upgrades. License upgrades may become available
for the Licensed Software. Any cost associated with
such upgrades will solely be determined by Liquid
Controls.
6. Warranty. Liquid Controls makes and licensee
receives no warranty express or implied and there
are expressly excluded all warranties of
merchantability and fitness for a particular purpose.
7. Limitation of Liability. Licensee shall have the sole
responsibility for adequate protection and backup of
its data in connection with the Licensed Software. In
no event shall Liquid Controls be liable for (a) special,
indirect or consequential damages; (b) any damages
whatsoever resulting from loss of use, data, or profits,
product, inaccurate input or work delays, or any direct
property damage arising out of or in connection with
this agreement or the use or performance of the
Licensed Software.
8. Termination. Liquid Controls may terminate this
software license granted hereunder and require
return of the Licensed Software if Licensee fails to
comply with these license terms and conditions.
9. Licensee acknowledges that it has read this
agreement, understands it, and agrees to be bound
by its terms, and further agrees that this is the
complete and exclusive statement of the agreement
between Liquid Controls and Licensee, which
supersedes and merges all prior proposals,
understandings, and all other agreements, oral or
written, between the parties relating to this
agreement. This agreement may not be modified or
altered except by written instrument duly executed
by both parties.
10. This Agreement and performance hereunder shall
be construed and interpreted under the laws of the
State of Illinois.
11. If any provision of this agreement is invalid under
any applicable statute or rule of law, it is to that extent
to be deemed omitted.
12. Licensee may not assign or sublicense, without the
prior written consent of Liquid Controls, its rights,
duties, or obligations under this Agreement to any
person or entity in whole or in part.
13. The waiver or failure of Liquid Controls to exercise
in any respect any right provided herein shall not be
deemed a waiver of any further right hereunder.
The most current English versions of all Liquid Controls publications are available on our website, www.lcmeter.com. It is the
responsibility of the Local Distributor to provide the most current version of LC Manuals, Instructions, and Specification Sheets in
the required language of the country, or the language of the end user to which the products are shipping . If there are questions
about the language of any LC Manuals, Instructions, or Specification Sheets, please contact your Local Distributor.
Publication Updates and Translations