Appendix F - End User License Agreement (Eula) - Multitech SF100-G User Manual For System Administrators

Appendix F – End User License
Agreement (EULA)
Multi-Tech Systems, Inc.
Multi-User Software License Agreement
IMPORTANT - READ BEFORE OPENING OR ACCESSING SOFTWARE
This is a basic software license granted by Multi-Tech Systems, Inc., a Minnesota corporation, with its mailing address at 2205 Woodale Drive,
Mounds View, MN 55112.
This is a legal agreement between you (either an individual or a single entity) and Multi-Tech Systems, Inc. for the Multi-Tech software product
enclosed, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation
("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT
provided to you by Multi-Tech.
Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to
you under the terms of that license agreement. By installing, copying, downloading, accessing, or otherwise using the SOFTWARE
PRODUCT, you agree to be bound by the terms of that separate end-user license agreement.
This copy of Multi-Tech Systems software is provided only on the condition that you, Customer, agree to the following license agreement.
READ THIS LICENSE CAREFULLY. If you do not agree to the terms contained in this license, return the packaged program UNOPENED to
the place you obtained it. If you agree to the terms contained in this license, fill out the enclosed Software Registration Card, and return the
card by mail. Registration may also be done on Multi-Tech Systems web site at www.multitech.com/register. Opening the packaged program
constitutes agreement to be bound by the terms and conditions of this Software License Agreement. Your right to use the software terminates
automatically if you violate any part of this software license agreement.
Multi-Tech Software License Agreement Multi-Tech Systems, Inc. (MTS) agrees to grant and Customer agrees to accept on the following
terms and conditions, a non-transferable and non-exclusive license to use the software program(s) delivered with this Agreement.
GRANT OF LICENSE. MTS grants Customer the right to use one copy of the software on a single product (the Licensed System). You may
not network the software or otherwise use it on more than one product at the same time.
COPYRIGHT. The software is owned by MTS and is protected by United States copyright laws and international treaty provisions. Therefore,
Customer must treat the software like any copyrighted material. Customer may install the software to a single hard disk and keep the original
for backup or archival purposes. Customer shall NOT copy, or translate into any language, in whole or in part, any documentation which is
provided by MTS in printed form under this Agreement.
OTHER RESTRICTIONS. The software may not be assigned, sublicensed, translated or otherwise transferred by Customer without prior
written consent from MTS. Customer may not reverse engineer, decompile, or disassemble the software. Any updates shall be used only on
the Licensed System, and shall remain subject to all other terms of this Agreement. Customer agrees not to provide or otherwise make
available the software including, but not limited to documentation, programs listings, object code, or source code, in any form, to any person
other than Customer and his employees and /or agents, without prior written consent from MTS. Customer acknowledges that the techniques,
algorithms, and processes contained in the software are proprietary to MTS and Customer agrees not to use or disclose such information
except as necessary to use the software.
Customer shall take reasonable steps consistent with steps taken to protect its own proprietary information to prevent the unauthorized
copying or use by third parties of the software or any of the other materials provided under this Agreement. Any previous version of the
software must be destroyed or returned to Multi-Tech Systems, Inc. within 90 days of receipt of the software upgrade or update.
LIMITED WARRANTY. MTS warrants that the software will perform substantially in accordance to the product specifications in effect at the
time of receipt by Customer. If the MTS software fails to perform accordingly, MTS will optionally repair any defect, or replace it. This warranty
is void if the failure has resulted from accident, abuse, or misapplication. A Software Registration Card must be on file at MTS for this warranty
to be in effect. In all other respects, the MTS software is provided AS IS. Likewise, any other software provided with MTS software is
provided AS IS.
THE FOREGOING WARRANTY IS IN LIEU ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL MTS BE
LIABLE FOR CONSEQUENTIAL DAMAGES RESULTING FROM USE OF THE LICENSED PROGRAM, WHETHER AS A RESULT OF MTS
NEGLIGENCE OR NOT, EVEN IF MTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MTS ALSO DISCLAIMS ANY
LIABILITY IN CONTRACT OR OTHERWISE FOR THE DEFECT OR NON-PERFORMANCE OF ANY SEPARATE END-USER LICENSED
SOFTWARE PRODUCT INCLUDED WITH MTS' SOFTWARE.
INDEMNIFICATION. MTS will indemnify and defend Customer from any claim that the software infringes on any copyright, trademark, or
patent. Customer will indemnify and defend MTS against all other proceedings arising out of Customers use of the software.
GENERAL. If any of the provisions, or portions thereof, of this Agreement are invalid under any applicable statute or rule of law, they are to
that extent deemed to be omitted. This is the complete and exclusive statement of the Agreement between the parties, which supersedes all
proposals, oral, written and all other communications between the parties relating to the subject matter of this Agreement. This Agreement
may only be amended or modified in writing, signed by authorized representatives of both parties.
This Agreement shall be governed by the laws of the State of Minnesota. The waiver of one breach or default hereunder shall not constitute
the waiver of any subsequent breach or default. Licensee also agrees to the following:
I am not a citizen, national, or resident of, and am not under the control of the government of: Afghanistan, Cuba, Iran, Iraq, Libya,
Montenegro, North Korea, Pakistan, Serbia, Sudan, Syria, nor any other country to which the United States has prohibited export.
Multi-Tech Systems, Inc. SMSFinder User Guide for System Administrators (Document S000451B)
Appendix F – End User License Agreement (EULA)
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