IMPORTANT-READ CAREFULLY: BY
INSTALLING, COPYING OR OTHERWISE USING THE ENCLOSED INFO TECH SOFTWARE, WHICH
INCLUDES COMPUTER SOFTWARE ("SOFTWARE") AND MAY INCLUDE ASSOCIATED MEDIA,
PRINTED MATERIALS, AND "ONLINE" OR ELECTRONIC DOCUMENTATION ("DOCUMENTATION"),
YOU (ON BEHALF OF YOURSELF OR AS AN AUTHORIZED REPRESENTATIVE ON BEHALF OF AN
ENTITY) AGREE TO ALL THE TERMS OF THIS END USER LICENSE AGREEMENT ("LICENSE")
REGARDING YOUR USE OF THE SOFTWARE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS
OF THIS LICENSE, DO NOT INSTALL, COPY OR OTHERWISE USE THE SOFTWARE AND
IMMEDIATELY CONTACT INFO TECH FOR RETURN OF THE SOFTWARE AND A REFUND OF THE
PURCHASE PRICE FOR THE SOFTWARE.
We
are sorry about the formality of the language below, which our lawyers tell us
we need to include to protect our legal rights. If You have any questions,
please contact INFO TECH.
1. License. INFO TECH grants to
You a nonexclusive, nontransferable license to use and reproduce the Software,
solely for internal purposes and only for the number of users for which You have
purchased licenses for and not for redistribution or resale.
2. Restrictions. Except as
otherwise stated, You may not, nor permit anyone else to, decompile, reverse
engineer, disassemble or otherwise attempt to reconstruct or discover the source
code of the Software, alter, merge, modify, translate, adapt in any way, prepare
any derivative work based upon the Software, rent, lease network, loan,
distribute or otherwise transfer the Software or any copy thereof. You shall
not make copies of the copyrighted Software and/or documentation without the
prior written permission of INFO TECH; provided that, You may make one (1) hard
copy of such documentation for each User and a reasonable number of back-up
copies for Your own archival purposes. You may not use copies of the Software
as part of a benchmark or comparison test against other similar products in
order to produce results strictly for purposes of comparison. The Software
contains copyrighted material, trade secrets and other proprietary material of
INFO TECH and/or its licensors and You must reproduce, on each copy of the
Software, all copyright notices and any other proprietary legends that appear on
or in the original copy of the Software. Except for the limited license granted
above, INFO TECH retains all right, title and interest in and to all
intellectual property rights embodied in the Software, including but not limited
to, patents, copyrights and trade secrets.
3. Disclaimer of Warranty. You
expressly acknowledge and agree that the use of the Software and its
documentation is at Your sole risk. THE SOFTWARE, DOCUMENTATION, AND TECHNICAL
SUPPORT ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND.
Information regarding any third party services included in this package is
provided as a convenience only, without any warranty by INFO TECH, and will be
governed solely by the terms agreed upon between You and the third party
providing such services. INFO TECH AND ITS LICENSORS EXPRESSLY DISCLAIM ALL
WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. INFO TECH 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, OR THAT DEFECTS
IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, INFO TECH DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SOFTWARE IN
TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY INFO TECH OR ITS AUTHORIZED REPRESENTATIVES SHALL
CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
WARNING REGARDING MEDICAL AND
CLINICAL USE OF INFO TECH SOFTWARE: INFO TECH products are not designed and
intended to ensure a level of reliability suitable for use for testing systems
for treatment and diagnosis of humans. Applications of INFO TECH products
involving medical or clinical treatment can create a potential for accidental
injury caused by product failure, or by errors on the part of the user or
application designer. INFO TECH products are NOT intended to be a substitute for
any form of established process, procedure, or equipment used to monitor or
safeguard human health and safety in medical or clinical treatment.
4. Limitation of Liability. YOU
AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL INFO TECH BE
LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION AND THE LIKE) ARISING OUT OF THE USE AND/OR INABILITY TO USE THE
SOFTWARE, EVEN IF INFO TECH OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS 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. IN NO EVENT SHALL INFO TECH’S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY
YOU FOR THE SOFTWARE.
5. Termination. This License is
effective for the duration of the copyright in the Software unless terminated.
You may terminate this License at any time by destroying all copies of the
Software and its documentation. This License will terminate immediately without
notice from INFO TECH if You fail to comply with any provision of this License.
Upon termination, You must destroy all copies of the Software and its
documentation. Except for Section 1 ("License"), all Sections of this Agreement
shall survive any expiration or termination of this License.
6. General Provisions. No delay
or failure to take action under this License will constitute a waiver unless
expressly waived in writing, signed by a duly authorized representative of INFO
TECH, and no single waiver will constitute a continuing or subsequent waiver.
This License may not be assigned, sublicensed or otherwise transferred by You,
by operation of law or otherwise, without INFO TECH's prior written consent.
This License shall be governed by and construed in accordance with the laws of
Poland, exclusive of the conflicts of laws principles. The United Nations
Convention on Contracts for the International Sale of Goods shall not apply to
this License. If for any reason a court of competent jurisdiction finds any
provision of this License, or portion thereof, to be unenforceable, that
provision of the License shall be enforced to the maximum extent permissible so
as to affect the intent of the parties, and the remainder of this License shall
continue in full force and effect. This License constitutes the entire
agreement between the parties with respect to the use of the Software and its
documentation, and supersedes all prior or contemporaneous understandings or
agreements, written or oral, regarding such subject matter. There shall be no
contract for purchase or sale of the Software except upon the terms and
conditions specified herein. Any additional or different terms or conditions
proposed by You or contained in any purchase order are hereby rejected and shall
be of no force and effect unless expressly agreed to in writing by INFO TECH.
No amendment to or modification of this License will be binding unless in
writing and signed by a duly authorized representative of INFO TECH.
7. Software upgrades. You obtain
the right to receive free of charge upgrades of the software within one year
from the date of purchasing the license as evidenced by receipts or other
documentation. After this time the delivery of a new version will be a subject
of upgrade charges defined by INFO TECH.
8. Customer support. INFO TECH
will provide free of charge technical support for the period of 90 days from
date of purchasing the license for the software.
Ó Copyright 2004 INFO TECH -
Dr Wojciech E. Kozlowski sp. j. All rights reserved
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