Multitech MultiModem iSMS SF100-G Administrator's Manual page 123

Appendix F – End User License Agreement (EULA)
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.
I will not download or by any other means export or re-export the Programs, either directly or indirectly, to the above
countries, nor to citizens, nationals or residents of the above countries.
I am not listed on the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated
Terrorists, and/or Specially Designated Narcotics Traffickers, nor am I listed on the United States Department of
Commerce Table of Denial Orders.
I will not download or otherwise export or re-export the Programs, directly or indirectly, to persons on the above
mentioned lists.
I will not use the Programs for, and will not allow the Programs to be used for, any purposes prohibited by United States
law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical, or
biological weapons of mass destruction.
Licensee agrees that by purchase and/or use of the Software, s/he hereby accepts and agrees to the terms of this License
Agreement.
Multi-User Limited Warranty and License Agreement
The software contained in this package is licensed by Multi-Tech Systems, Inc., to the original end-user purchaser,
hereafter referred to as Licensee, of this product for site use. A site is defined as a single business, government, or
academic location, such as a building, a floor of a building, a campus, etc., and covers no more than 250 users at that
location. A licensee may be a Local Area Network administrator, MIS director, purchasing agent, or other representative
who acts on behalf of the users at that single site. This license provides for use of the distribution diskette, other
accompanying programs, where applicable, and one copy of the documentation.
The software programs and installation utilities, hereafter referred to as Software, consist of the computer program files
included on the original distribution diskette(s) or CD-ROM(s).
Licensee agrees that by purchase and/or use of the Software, s/he hereby accepts and agrees to the terms of this License
Agreement. In consideration of mutual covenants contained herein, and other good and valuable considerations, the
receipt and sufficiency of which is acknowledged, Multi-Tech Systems, Inc., does hereby grant to the Licensee a non-
transferrable and non-exclusive license to use the Software and accompanying documentation under the following terms
and conditions:
The software is furnished to the Licensee as the single site representative for execution and use on as many workstations
as that single site contains, for up to 250 users inclusively. Software and manuals may be copied, with the inclusion of the
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