Socketscan Software License Agreement - Socket 7Mi User Manual

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PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") BEFORE USING THE SOCKETSCAN
SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS
LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.
1. License. Any software, tools, utilities, sample code, documentation, fonts and other materials
accompanying this License, whether on disk, print or electronic documentation, in read only
memory, or any other media, are licensed to you by Socket Mobile, Inc. for use only under the
terms of this License, and Socket Mobile reserves all rights not expressly granted to you. The rights
granted herein are limited to Socket Mobile Inc's and its licensors' intellectual property rights in
SocketScan Software and do not include any other patents or intellectual property rights. You own
the media on which SocketScan Software is recorded but Socket Mobile and/or Socket Mobile
licensor(s) retain ownership of SocketScan itself. SocketScan Software in this package and any
copies you make and modifications you obtain in the future are subject to this License.
2. Permitted Uses and Restrictions. SocketScan Software is designed for use only in conjunction
with Socket Mobile products and is unlimited as to use for this purpose. You may not decompile,
reverse engineer, disassemble, modify, rent, lease, loan, sublicense, and distribute the software for
any other purpose than to be used with Socket Mobile products. Your rights under this License will
terminate automatically without notice from Socket Mobile if you fail to comply with any term(s)
of this License.
3. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SOCKET
MOBILE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL
DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE
SOCKETSCAN SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY
(CONTRACT, TORT OR OTHERWISE) AND EVEN IF SOCKET MOBILE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF
LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SOCKET MOBILE TOTAL LIABILITY TO
YOU FOR ALL DAMAGES (OTHER THAN WHAT MAYBE REQUIRED BY LAW IN CASES INVOLVING
PERSONAL INJURY) EXCEED THE ORIGINAL PURCHASE AMOUNT OF SOCKETSCAN SOFTWARE. THE
FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS
ESSENTIAL PURPOSE.
4. Export Law Assurances. You may not use or otherwise export or re-export SocketScan Software
except as authorized by United States law and the laws of the jurisdiction in which SocketScan
Software was obtained. In particular, but without limitation, SocketScan Software may not be
exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries
(currently Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria), or (b) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce
Denied Persons List or Entity List. By using Socket Mobile Software, you represent and warrant that
you are not located in, under control of, or a national or resident of any such country or on any
such list.
5. Government End Users. Socket Mobile Software and related documentation are "Commercial
Items", as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software"
and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. 12.212
or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1through
227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software
Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and
(b) with only those rights as are granted to all other end users pursuant to the terms and conditions
herein. Unpublished-rights reserved under the copyright laws of the United States.
6. Limited Warranty. Socket Mobile warrants that the original disk is free from defects for 90 days
from the date of delivery of the Software. Socket Mobile's entire liability and your exclusive remedy
shall be, at Socket Mobile's option, either (a) return of the price paid or (b) replacement of the
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