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Copyright © 2007 Harris Canada Systems, Inc. All rights reserved.
Harris Canada Systems, Inc. 26 Peppler Street, Waterloo, Ontario, Canada N2J 3C4
SOFTWARE LICENSE AGREEMENT
1. NOTICE.
THIS IS A CONTRACT. BY INDICATING YOUR ACCEPTANCE BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF
YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DECLINE WHERE INSTRUCTED, AND YOU WILL NOT BE ABLE
TO USE THE SOFTWARE. HARRIS CANADA SYSTEMS, INC. IS WILLING TO LICENSE THIS SOFTWARE TO YOU ONLY ON THE CONDITION THAT
YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT.
2. Ownership and License.
This is a license agreement and NOT an agreement for sale. We continue to own the copy of the software installed by this program and any other copy that you
are authorized by this Agreement to make (the "Software"). Your rights to use the Software are specified in this Agreement, and we retain all rights not
expressly granted to you in this Agreement. Nothing in this Agreement constitutes a waiver of our rights under any copyright law or any other law.
3. Permitted Uses.
3.01 Right to Install and Use. You may install and use the Software on the hard disk drive of any single compatible computer that you own. However, you may
not under any circumstances have the Software installed onto the hard drives of more than one computer at the same time, nor may you install the Software
onto the hard disk drive of one computer and then use the original distribution media on another computer. If you wish to use the Software on more than one
computer, you must either erase the Software from the first hard drive before you install it onto a second hard drive, or else license an additional copy of the
Software for each additional computer on which you want to use it.
3.02 Right to Copy. You may make one (1) copy of the Software for backup and archival purposes, provided that the original and the copy are kept in your
possession, and that your installation and use of the Software does not exceed that allowed in Section 3.01, and provided you reproduce our copyright notice
on the copy.
3.03 Right to Transfer. You shall not assign, transfer sublicense, rent, lend, or lease the Software or your rights under this Agreement without our prior written
approval.
4. Prohibited Uses.
You may not, without written permission from us: (a) use, copy, modify, merge, or transfer copies of the Software or documentation except as provided in this
Agreement; (b) use any backup or archival copy of the Software (or allow someone else to use such copy) for any purpose other than to replace the original
copy in the event it is destroyed or becomes defective; or (c) disassemble, decompile or "unlock," reverse translate, or in any manner decode the Software or
the dongle security device for any reason.
5. Limited Warranty.
We make the following limited warranties from the date you acquired the Software from us or our authorized dealer:
(a) Media. For a period of twenty (20) days, the distribution media and documentation in this package will be free from defects in materials and workmanship
under normal use. If the distribution media or documentation fail to conform to this warranty, you may, as your sole and exclusive remedy, obtain a
replacement free of charge if you return the defective disk or documentation to us with a dated proof of purchase.
(b) Interlock Security Device. Provided you are in compliance with this Agreement, we will replace a damaged or defective interlock security device (dongle)
no matter what the cause of the damage. In order to receive a replacement device, you must return the damaged device to Harris Canada Systems, Inc.
26 Peppler Street, Waterloo, Ontario, Canada, N2J 3C4.
(c) WARRANTY DISCLAIMER. EXCEPT AS PROVIDED ABOVE, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED ON AN "AS IS" BASIS, AND
WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR
ERROR-FREE. WE EXCLUDE AND EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS NOT STATED HEREIN,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This limited warranty gives you specific
legal rights, and you may also have other legal rights, which vary from jurisdiction to jurisdiction.
6. LIMITATION OF LIABILITY.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED
TO LOSS OF PROFITS, REVENUE, DATA, OR DATA USE, OR MACHINE USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN
CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY LOSSES
SHALL NOT EXCEED THE GREATER OF $500 AND THE AMOUNT YOU ORIGINALLY PAID FOR THE SOFTWARE.
Some jurisdictions do not allow these limitations or exclusions, so they may not apply to you.
7. United States Government Restricted Rights.
The enclosed Software and documentation are provided with Restricted Rights. Use, duplication or disclosure by the U.S. Government or any agency or
instrumentality thereof is subject to restrictions as set forth in subdivision (c)(1 )(ii) of the Rights in Technical Data and Computer Software clause at 48 C.
F.R. 252.227-7013, or in subdivision (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights Clause at 48 C.F.R. 52.227-19, as applicable.
Contractor Manufacturer is Harris Canada Systems, Inc. 26 Peppler Street, Waterloo, Ontario, Canada, N2J 3C4
8. Termination.
This license and your right to use this Software automatically terminate if you fail to comply with any provisions of this Agreement, destroy the copies of the
Software in your possession, or voluntarily return the Software to us. Upon termination you will destroy all copies of the Software and documentation.
Otherwise, the restrictions on your rights to use the Software will expire upon expiration of the copyright to the Software.
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