License Agreement; Raychem Ngc-30 Software - License Agreement - Pentair raychem ngc-30/uit2 Programming Manual

1.3 LiCense aGreement

industrial heat tracing solutions
1.3.1 raychem nGC-30 soFtWare – LiCense aGreement
This agreement is a legal agreement between you, "the end user", and Pentair Industrial
Heat Tracing Solutions, LLC ("Pentair Industrial Heat Tracing Solutions"). BY INSTALLING OR
OTHERWISE ACCESSING THIS PROGRAM, YOU ARE AGREEING TO BECOME BOUND BY THE
TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO
NOT INSTALL OR ACCESS THIS PROGRAM. IF INSTALLING OR OTHERWISE ACCESSING THIS
PROGRAM BY OPENING A SEALED DISK PACKAGE, PROMPTLY RETURN THE UNOPENED DISK
PACKAGE AND THE OTHER ITEMS (INCLUDING WRITTEN MATERIALS OR OTHER CONTAINERS)
TO THE PLACE WHERE YOU OBTAINED THEM.
1. Grant oF LiCense. The Raychem NGC-30 Software (the "Software") is licensed, not
sold, to you for use only under the terms of this Agreement, and Pentair Industrial Heat
Tracing Solutions reserves any rights not expressly granted to you. Subject to the terms and
conditions of this Agreement, Pentair Industrial Heat Tracing Solutions grants to you a non-
exclusive, nontransferable, limited license (without the right to sublicense others) to use
the one copy, including written materials if any, of the Software on a single computer at the
location (company and address) to which Pentair Industrial Heat Tracing Solutions issued
this copy of the Raychem NGC-30 Software. The Software is owned by Pentair Industrial Heat
Tracing Solutions LLC and is protected by United States copyright laws and international
treaty provisions. All copies made by you are subject to the terms and conditions of this
Agreement. The structure, organization and code of the Software are valuable trade secrets
and confidential information of Pentair Industrial Heat Tracing Solutions. You agree not to
modify, alter, merge, adapt, duplicate, distribute, translate, decompile, disassemble, reverse
engineer, create derivative works, copy for use on any other computer or at any other location,
or otherwise make this software available to any person or entity outside this location. The
Software is licensed only to you. In no event may you transfer, sell, sublicense, rent, assign
or transfer rights, lease, or otherwise dispose of the Software on a temporary or permanent
basis without the prior written consent of Pentair Industrial Heat Tracing Solutions. You agree
to use reasonable efforts to protect against the unauthorized copying and use of the Software
by others. You agree not to remove, disable or circumvent any proprietary notices or labels
contained on or within the Software.
2. other restriCtions.
1. You may not sublicense, rent or lease the Raychem NGC-30 Software to anyone.
2. You agree to notify Pentair Industrial Heat Tracing Solutions promptly if "bugs" or seemingly
incorrect or anomalous behavior is discovered when using the Software.
3. You agree that the Raychem NGC-30 Software, including written materials (if any) and all
copies in whole or in part, will be destroyed or returned to Pentair Industrial Heat Tracing
Solutions at the written request of the Pentair Industrial Heat Tracing Solutions Product
Manager.
4. By installing or otherwise accessing the Raychem NGC-30 Software you acknowledge that
you have read and understood Pentair Industrial Heat Tracing Solutions' Disclaimer of
Warranty and Limitation of Liability, set forth below.
5. You agree to use reasonable efforts to protect against the unauthorized copying and use the
Raychem NGC-30 Software by others.
3. disCLaimer oF Warranty. THE Raychem NGC-30 SOFTWARE AND ACCOMPANYING
WRITTEN MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE
ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE Raychem NGC-30 SOFTWARE
IS ASSUMED BY YOU. Pentair Industrial Heat Tracing Solutions 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
PROGRAM DEFECTS WILL BE CORRECTED.
4. Limited Warranty – media. THE MEDIUM ON WHICH THE PROGRAM IS ENCODED IS
WARRANTED TO BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP UNDER
NORMAL USE FOR A PERIOD OF SIXTY (60) DAYS FROM THE DATE OF DELIVERY TO YOU
AS EVIDENCED BY A COPY OF YOUR RECEIPT. ALTHOUGH Pentair Industrial Heat Tracing
Solutions BELIEVES THE MEDIA AND THE PROGRAM TO BE FREE OF VIRUSES, THE MEDIUM
AND THE PROGRAM ARE NOT WARRANTED TO BE VIRUS FREE. Pentair Industrial Heat
Tracing Solutions' LIABILITY AND YOUR EXCLUSIVE REMEDY IF THE MEDIUM IS DEFECTIVE
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