Limited Warranty For Spectraview Hardware - NEC DiamondPro 2070SB User Manual

Color calibration display system
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SpectraView End-User
Software License Agreement
IMPORTANT NOTICE TO USER: READ THIS AGREEMENT CAREFULLY. BY OPENING THE ENCLOSED PACK-
AGE OR OTHERWISE USING OR INSTALLING THE SOFTWARE, YOU ACCEPT ALL TERMS AND CONDITIONS
OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT,
YOU WILL NOT BE ABLE TO USE THIS SOFTWARE AND MUST RETURN ALL SOFTWARE ITEMS (DISKS, CDs,
WRITTEN MATERIALS, AND PACKAGING) TO THE PLACE OF PURCHASE FOR A REFUND.
This license agreement ("License") is a legal agreement between you and NEC-Mitsubishi Electronics Display
of America, Inc. (hereinafter "NMD-A") granting you certain rights to access and use the software contained
in this envelope. YOU HEREBY AGREE, BOTH ON YOUR OWN BEHALF AND AS AN AUTHORIZED REPRESENTATIVE
OF ANY ORGANIZATION FOR WHICH YOU ARE USING THE SOFTWARE ("EMPLOYER"), THAT YOU AND YOUR EM-
PLOYER WILL USE THE SOFTWARE ONLY IN ACCORDANCE WITH THE FOLLOWING TERMS:
1. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software
is at your sole risk. THE SOFTWARE IS PROVIDED "AS IS" , WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY
KIND. NMDA does not warrant that the functions contained in the Software will meet your require-
ments, or that the operation of the Software will be uninterrupted or error-free, or that defects in the
Software will be corrected. Furthermore, NMDA does not warrant or make any representation regarding
the use or the results of the use of the Software or related documentation in terms of their correctness,
accuracy, reliability or otherwise. Should the Software prove defective, you (and not NMDA or a NMDA
authorized representative) assume the entire cost of all necessary servicing, repair or correction. Some
states do not allow the exclusion or limitation of implied warranties, so the above exclusion may not
apply to you. The terms of this disclaimer do not affect or prejudice the statutory rights of a consumer
acquiring NMDA products otherwise than in the course of a business; neither do they limit or exclude
any liability for death or personal injury caused by NMDA's negligence.
If you have purchased the Software for business or commercial use, you also agree that NMDA EXPRESSLY
DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-IN-
FRINGEMENT WITH RESPECT TO THE SOFTWARE.
2. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL NMDA BE LIABLE
FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR
RELATING TO THIS LICENSE OR THE SOFTWARE.
3. License Grant, Permitted Uses and Restrictions. NMDA grants to you, and you accept, a personal,
install and use the Software in object code format on a single computer at one time. This License does
not allow the Software to exist on more than one computer at a time. If you wish to use the Software on
a network, please contact NMDA. You may make one copy of the Software in machine-readable form for
backup purposes only. The backup copy must include all copyright information contained on the original.
This License is effective until terminated as provided herein. You may terminate this License by destroy-
ing the Software and any copies of the Software in your possession. This License will terminate auto-
matically upon any violation of the terms of this License. You acknowledge that this License does not
entitle you to any support, maintenance or upgrade from NMDA.
4. License Restrictions. You may not do any of the following yourself, or through any other person and
you may not permit any third party with whom you have a business relationship to do any of the follow-
ing: (A) copy, modify or create derivative works based upon the Software; (B) decompile, disassemble, or
reverse engineer the Software in whole or in part; (C) defeat, disable or circumvent any protection mecha-
nism related to the Software; (D) sell, license, sublicense, lease, rent, distribute, disclose, permit access
to, or transfer to any third party, whether for profit or without charge, any portion of the Software or
any product (as a separate product or bundled with any other products other than the Software) cre-
ated with the Software (including, without limitation, profiles in .ICM or .ICC format), or, in particular,
without limiting the generality of the foregoing, distribute the Software or any such product on any
media, over networks, electronic bulletin boards, or websites, or allow any third party to use the Soft-
ware; (E) publish or otherwise communicate any review of or information about Software performance
to any third party without the prior written consent of NMDA; (F) export, use or download the Software
in violation of any laws or regulations, including U.S. Department of Commerce Export Administration
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