Advance End-User Software License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY.
If you agree to the terms detailed
below, you may download the Midas ViewPoint software. These
terms will be overruled by any specific terms and conditions that may have
been sent to you.
PLEASE READ THIS DOCUMENT CAREFULLY
BEFORE USING THE SOFTWARE.
BY USING THE SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT
AGREE TO THE TERMS OF THE AGREEMENT, DO NOT OPEN THE SEALED DISK PACKAGE OR INSTALL OR USE
THE SOFTWARE. PROMPTLY RETURN THE SOFTWARE WITHIN 15 DAYS INCLUDING ALL RELATED
DOCUMENTATION, EQUIPMENT AND ACCOMPANYING ITEMS TO THE PLACE OF ACQUISITION FOR A FULL
REFUND, OR, IF THE SOFTWARE AND DOCUMENTATION WAS DOWNLOADED YOU MUST DELETE ALL FILES AND
ANY COPIES THAT WERE MADE.
If you have obtained the software for evaluation, you are required to keep the software
and associated files secure and not to distribute them without written permission from
Sentel Advance S.L. (SAS). You may evaluate the software but must not use it for
your own purposes, such exclusion to include trials on behalf of yourself or other
parties. You must destroy the software immediately on request from SAS including all
copies made. If you do not agree with these terms then SAS is not willing to allow you to
use the software and you must notify SAS of your disagreement with these terms without
delay. The software supplied for demonstration purposes and any associated files belonging
to SAS or other organisations are loaned or provided to you for a period of time solely at
the discretion of SAS and the owners. SAS does not warrant the software fit for any
specific purpose and the use of the software is at the risk of the user. You should always
take precautions installing software and should consult a qualified computer engineer
prior to proceeding with installation. SAS licenses the software to you on receipt of the
license payment in full and providing that you accept the terms here stated.
This is a legal agreement between you and Sentel Advance S.L. (SAS) and its subsidiaries ("SAS"). This
Agreement states the terms and conditions upon which SAS offers to license the software provided by whatever means as a disk package or
download together with all related documentation and accompanying items including, but not limited to, the executable programs,
drivers, libraries and data files associated with such programs (collectively, the "Software").
1. Grant of License
The Software is licensed, not sold, to you for use only under
the terms of this Agreement. You own the disk or other media
on which the Software is originally or subsequently recorded
or fixed; but, as between you and SAS (and, to the extent
applicable, its licensors), SAS retains all title to and
ownership of the Software and reserves all rights not expressly
granted to you.
2. For Use on a Single Computer
The Software may be used only on a single computer by a single
user at any time. You may transfer the machine-readable portion
of the Software from one computer to another computer, provided
that (a) the Software (including any portion or copy thereof)
is erased from the first computer and (b) there is no
possibility that the Software will be used on more than one
computer at a time.
3. For Use on Several Computers under a Site License Certificate
The Software may be installed and used only on the number of
computers specified on the site license certificate for the
period of time specified. You may transfer the machine-readable
portion of the Software from one computer to another computer,
(a) the Software (including any portion or copy thereof) is
erased from the first computer and
(b) there is no possibility that the Software will be installed
on more than the number of computers indicated on the site license
certificate at any time.
4. Stand-Alone Basis
You may use the Software only on a stand-alone basis, such that
the Software and the functions it provides are accessible only
to persons who are physically present at the location of the
computer on which the Software is loaded. You may not allow
the Software or its functions to be accessed remotely, or
transmit all or any portion of the Software through any network
or communication line.
5. One Archival Copy
You may make one (1) archival copy of the machine-readable
portion of the Software for backup purposes only in support of
your use of the Software on a single computer, provided that
you reproduce on the copy all copyright and other proprietary
rights notices included on the originals of the Software.
6. No Merger or Integration
You may not merge any portion of the Software into, or
integrate any portion of the Software with, any other program,
except to the extent expressly permitted by the laws of the
jurisdiction where you are located. Any portion of the
Software merged into or integrated with another program, if any,
will continue to be subject to the terms and conditions of this
Agreement, and you must reproduce on the merged or integrated
portion all copyright and other proprietary rights notices
included in the originals of the Software.
7. Network and Server Versions
If you have purchased a "network" or "server" version of the
Software, this Agreement applies to the installation of the
Software on a single "file server" computer. It may not be
copied onto multiple systems. Each "node" connected to the
"file server" must also have its own license of a "node copy"
of the Software, which becomes a license only for that specific
8. Transfer of License
You may transfer your license of the Software, provided that
(a) you transfer all portions of the Software or copies thereof,
(b) you do not retain any portion of the Software or any copy
(c) the transferee reads and agrees to be bound by the terms and
conditions of this Agreement.
(d) the transferee obtains written permission from SAS.
9. Images generated by the software may be displayed on no more than
four display devices at any one time. Additional licenses are requried
for video distribution of screen images generated by the software.
10. Limitations on Using, Copying, and Modifying the Software
Except to the extent expressly permitted by this Agreement or
by the laws of the jurisdiction where you acquired the Software,
you may not use, copy or modify the Software. Nor may you
sub-license any of your rights under this Agreement.
11. Decompiling, Disassembling, or Reverse Engineering
You acknowledge that the Software contains trade secrets and
other proprietary information of SAS and its licensors.
Except to the extent expressly permitted by this Agreement or by
the laws of the jurisdiction where you are located, you may not
decompile, disassemble or otherwise reverse engineer the
Software, or engage in any other activities to obtain underlying
information that is not visible to the user in connection with
normal use of the Software. In any event, you will notify
SAS of any information derived from reverse engineering or
such other activities, and the results thereof will constitute
the confidential information of SAS that may be used only
in connection with the Software.
The license granted to you is effective until terminated or the validity period detailed
on the License Certificate expires. You may terminate it at any time by returning the
Software (including any portions or copies thereof) to SAS. The license will also
terminate automatically without any notice from SAS if you fail to comply with any term or
condition of this Agreement. You agree upon such termination to return the Software
(including any portions or copies thereof) to SAS. Upon termination, SAS may also enforce
any rights provided by law. The provisions of this Agreement that protect the proprietary
rights of SAS will continue in force after termination.
SAS warrants, as the sole warranty, that the disks on which the
Software is furnished will be free of defects, as set forth in the
Warranty Card or printed manual included with the Software. No
distributor, dealer or any other entity or person is authorized to
expand or alter this warranty or any other provisions of this
Agreement. Any representation, other than the warranties set forth
in this Agreement, will not bind SAS.
SAS does not warrant that the functions contained in the
Software will meet your requirements or that the operation of the
Software will be uninterrupted or error-free. EXCEPT AS STATED
ABOVE IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED AS-IS WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
You assume full responsibility for the selection of the Software to
achieve your intended results, and for the installation, use and
results obtained from the Software. You also assume the entire
risk as it applies to the quality and performance of the Software.
Should the Software prove defective, you (and not SAS, or its
distributors or dealers) assume the entire cost of all necessary
servicing, repair or correction.
This warranty gives you specific legal rights, and you may also
have other rights which vary from country/state to country/state.
Some countries/states do not allow the exclusion of implied
warranties, so the above exclusion may not apply to you. SAS
disclaims all warranties of any kind if the Software was
customized, repackaged or altered in any way by any third party
other than SAS.
LIMITATION OF REMEDIES AND DAMAGES
THE ONLY REMEDY FOR BREACH OF WARRANTY WILL BE THAT SET FORTH
IN THE WARRANTY CARD OR PRINTED MANUAL INCLUDED WITH THE SOFTWARE.
IN NO EVENT WILL SAS OR ITS LICENSORS BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY
LOST PROFITS, LOST SAVINGS, LOST REVENUES OR LOST DATA ARISING
FROM OR RELATING TO THE SOFTWARE OR THIS AGREEMENT, EVEN IF
SAS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT WILL SAS'S LIABILITY OR DAMAGES TO
YOU OR ANY OTHER PERSON EVER EXCEED THE AMOUNT PAID BY YOU TO USE
THE SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM. Some
countries/states do not allow the limitation or exclusion of
liability for incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
If you must ship the software to SAS or an authorized SAS
distributor or dealer, you must prepay shipping and either insure
the software or assume all risk of loss or damage in transit.
U.S. GOVERNMENT RESTRICTED RIGHTS
All Software and related documentation are provided with restricted
rights. Use, duplication or disclosure by the U.S. Government is
subject to restrictions as set forth in subdivision (b)(3)(ii) of
the Rights in Technical Data and Computer Software Clause at
252.227-7013. If you are sub-licensing or using the Software
outside of the United States, you will comply with the applicable
local laws of your country, U.S. export control law, and the
English version of this Agreement.
The manufacturer for the Software is:
145-157 St. John St,
This Agreement is binding on you as well as your employees,
employers, contractors and agents, and on any successors and
assignees. Neither the Software nor any information derived
therefrom may be exported except in accordance with the laws
the U.S. or other applicable provisions. This Agreement
is governed by the laws of the State of California (except to
the extent federal law governs copyrights and federally
registered trademarks). This Agreement is the entire agreement
between us and supersedes any other understandings or agreements,
including, but not limited to, advertising, with respect to the
Software. If any provision of this Agreement is deemed invalid or
unenforceable by any country or government agency having
jurisdiction, that particular provision will be deemed modified
to the extent necessary to make the provision valid and
enforceable, and the remaining provisions will remain in full
force and effect.
For questions concerning this Agreement, please contact SAS
at the address stated above. For questions on product or
technical matters, contact the SAS technical support center
SPECIAL PROVISIONS APPLICABLE TO THE EUROPEAN UNION
If you acquired the Software in the European Union (EU), the
following provisions also apply to you. If there is any
inconsistency between the terms of the Software License Agreement
set out earlier and the following provisions, the following
provisions shall take precedence.
You agree not for any purpose to transmit the Software or display
the Software's object code on any computer screen or to make any
hard copy memory dumps of the Software's object code. If you
believe you require information related to the interoperability
of the Software with other programs, you shall not decompile or
disassemble the Software to obtain such information, and you agree
to request such information from SAS at the address listed
earlier. Upon receiving such a request, SAS shall determine
whether you require such information for a legitimate purpose and,
if so, SAS will provide such information to you within a
reasonable time and on reasonable conditions.
EXCEPT AS STATED EARLIER IN THIS AGREEMENT, AND AS PROVIDED
UNDER THE HEADING "STATUTORY RIGHTS", THE SOFTWARE IS PROVIDED
AS-IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, QUALITY AND FITNESS FOR A
Limitation of Remedy and Damages
THE LIMITATIONS OF REMEDIES AND DAMAGES IN THE SOFTWARE LICENSE
AGREEMENT SHALL NOT APPLY TO PERSONAL INJURY (INCLUDING DEATH)
TO ANY PERSON CAUSED BY SAS'S NEGLIGENCE AND ARE SUBJECT TO
THE PROVISION SET OUT UNDER THE HEADING "STATUTORY RIGHTS".
English law provides that certain conditions and warranties may be
implied in contracts for the sale of goods and in contracts for
the supply of services. Such conditions and warranties are hereby
excluded, to the extent such exclusion, in the context of this
transaction, is lawful under English law. Conversely, such conditions and warranties,
insofar as they may not be lawfully excluded, shall apply. Accordingly your rights under
English Law are not prejudiced by this agreement.
This Agreement is governed by the Laws of England & Wales.
If provided, the local language version of this agreement shall apply to Software acquired
in the EU. This Agreement is the entire agreement between us and you agree that
not have any liability for any untrue statement or representation made by it, its agents
or anyone else (whether innocently or negligently) upon which you relied upon entering
this Agreement, unless such untrue statement or representation was made fraudulently.
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