OmniServer I/O Driver
Software License Agreement
SOFTWARE TOOLBOX, INC., ("LICENSOR") IS WILLING TO LICENSE THE ENCLOSED SOFTWARE TO YOU ONLY IF YOU ACCEPT ALL OF THE TERMS IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS
CAREFULLY BEFORE YOU OPEN THIS PACKAGE, BECAUSE BY OPENING THIS SEALED DISK PACKAGE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, LICENSOR WILL NOT LICENSE THIS SOFTWARE TO
YOU, AND IN THAT CASE YOU SHOULD RETURN THIS PRODUCT PROMPTLY, INCLUDING THE PACKAGING, THIS UNOPENED DISK PACKAGE, AND ALL WRITTEN MATERIALS, TO THE PLACE OF PURCHASE PROMPTLY FOR A FULL REFUND.
Ownership of the Software
1. The enclosed Licensor software program ("Software") and the accompanying written materials are owned by Licensor and are protected by United States copyright laws, by laws of
other nations, and by international treaties.
Demonstration and Enabled Software
2. The software may run in two modes, demonstration and enabled. A software unlock code ("Unlock Code") is provided with each purchased copy of the Software. The Software runs in
demonstration mode without the Unlock Code or in enabled mode with the Unlock Code.
Grant Of License
3. Licensor grants to you the right to use the Software on any computer.
4. Licensor grants to you the right to use the Unlock Code on a single computer. You may load one copy into permanent memory of one computer and may use it only on that same computer.
Hence, the Unlock Code may enable the Software only on one computer.
Restrictions on Use and Transfer
5. If you have not purchased the license, then you may only execute the Software in a demonstration mode for evaluation purposes only.
6. This Software package contains only a CD-ROM disk. You may not make copies of the CD-ROM disk itself.
7. You may not transfer or communicate the Unlock Code to another user except as part of a permanent transfer as detailed below.
8. You may not copy the written materials or Unlock Code.
9. You may permanently transfer the Software, Unlock Code, and accompanying written materials (including the most recent update and all prior versions) if you retain no copies and the
transferee agrees to be bound by the terms of this Agreement. Such a transfer terminates your license. You may not rent or lease the Software or otherwise transfer or assign the right to use the Software, except as stated in
this paragraph.
10. You may not reverse engineer, decompile, or disassemble the Software.
Limited Warranty
11. Licensor warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of 90 days from the date of your receipt of the
Software. Any implied warranties on the Software are limited to 90 days. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
12. LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.
13. LICENSOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT LICENSOR'S CHOICE, EITHER (A) RETURN OF THE PRICE PAID OR (B) REPLACEMENT OF THE SOFTWARE THAT DOES NOT MEET
LICENSOR'S LIMITED WARRANTY AND WHICH IS RETURNED TO LICENSOR WITH A COPY OF YOUR RECEIPT. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.
These remedies are not available outside the United States of America.
14. This Limited Warranty is void if failure of the Software has resulted from modification, accident, abuse, or misapplication.
15. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO
USE THE SOFTWARE. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
16. This Agreement is governed by the laws of the State of North Carolina, United States of America.
17. If you have any questions concerning this Agreement or wish to contact Licensor for any reason, please write: Software Toolbox, Inc. 148A East Charles Street, Matthews, North Carolina
28105 USA or call +1-704-849-2773.
Government Restricted Rights. The Software and documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions set forth in
subparagraph (c)(1) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)(ii) and (2) of Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.
Supplier is Software Toolbox, Inc. 148A East Charles Street, Matthews, North Carolina 28105 USA.
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