Costimator Shop Rate Calculator 11.0.251.0


EULA - End User License Agreement



END-USER LICENSE AGREEMENT FOR MTI SYSTEMS, INC. SOFTWARE

This END-USER LICENSE AGREEMENT ("EULA") is a legal agreement between you and MTI Systems, Inc. for this software product. By installing this software you are bound by this license Agreement. Please read the full agreement before proceeding with the installation. If you do not agree with and or accept the terms and conditions of this Agreement, do not install or use this software product.

1. LICENSE: THE SOFTWARE IS LICENSED [NOT SOLD] TO END-USER, AND THE LICENSER(S), MTI SYSTEMS, INC., OWN ALL COPYRIGHT, TRADE SECRET, PATENT AND OTHER PROPRIETARY RIGHTS IN ALL VERSIONS OR FORMS OF THE SOFTWARE AND ITS DOCUMENTATION. THE "TERM" OF LICENSE USE FOR THIS PRODUCT IS ONE (1) CALENDAR YEAR COMMENCING ON THE DAY OF INSTALLATION AND CONTINUING FOR 12 CONTIGUOUS MONTHS THEREAFTER.

2. WHAT END-USER CAN DO: END-USER MAY (1) USE EACH COPY OF THE SOFTWARE ONLY ON A SINGLE COMPUTER AT A TIME; (2) MAKE ONE COPY OF THE SOFTWARE FOR BACK-UP PURPOSES ONLY.

3. WHAT END-USER CAN NOT DO: END-USER MAY NOT AND WILL NOT (1) COPY [OTHER THAN ONCE FOR BACK-UP PURPOSES], DISTRIBUTE, RENT, LEASE, SELL, TRANSFER, GIFT OR SUBLICENSE ALL OR ANY PART OF THE SOFTWARE; (2) MODIFY OR PREPARE DERIVATIVE WORKS OF THE SOFTWARE; (3) USE THE SOFTWARE IN A COMPUTER-BASED SERVICES BUSINESS; (4) TRANSMIT THE SOFTWARE OVER A NETWORK, BY TELEPHONE, OR ELECTRONICALLY USING ANY MEANS; (5) REVERSE ENGINEER, DECOMPILE OR DISASSEMBLE THE SOFTWARE; (6) DO ANYTHING ELSE NOT PERMITTED IN SECTION 2 ABOVE. END-USER AGREES TO KEEP CONFIDENTIAL AND USE ITS BEST EFFORTS TO PREVENT AND PROTECT THE CONTENTS OF THE SOFTWARE FROM UNAUTHORIZED DISCLOSURE OR USE.

4. WARRANTIES & DISCLAIMER

A) MTI SYSTEMS, INC. WARRANTS THAT THE MEDIA WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP AT THE TIME OF ARRIVAL.

B) THE SOFTWARE IS PROVIDED TO END-USER "AS IS" WITH NO WARRANTY, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN PARAGRAPH A. ABOVE. MTI SYSTEMS, INC. DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE SOFTWARE, ORAL OR IN WRITING, INCLUDING BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY GENERAL OR PARTICULAR PURPOSE. MTI SYSTEMS, INC. DOES NOT WARRANT THE CONTENTS OF THE SOFTWARE OR THAT IT WILL BE ERROR FREE OR ANYTHING ELSE AS TO THE PERFORMANCE OR RESULTS END-USER MAY OBTAIN BY USING THE SOFTWARE. END-USER UNDERSTANDS THAT ALL SOFTWARE IS SUBJECT TO FAILURE AND END-USER ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE.

5. LIMITATION OF LIABILITY & REMEDIES

A) CATEGORICAL DAMAGES EXCLUSION: EXCEPT AS SET FORTH ABOVE, MTI SYSTEMS, INC. SHALL IN NO EVENT BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR LIQUIDATED, OR ANY OTHER KIND OF DAMAGES OR PENALTIES, FOR ANY REASON WHATSOEVER. BY WAY OF EXAMPLE BUT NOT LIMITATION, MTI SYSTEMS, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES OR CLAIMS DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO: (1) SOFTWARE FAILURE, DEFECTS OR INCORRECT OPERATION, (2) CLAIMS FOR LOST DATA, REVENUE, PROFITS, TRADE SECRETS (OR OTHER INTELLECTUAL PROPERTY), OR BUSINESS OPPORTUNITIES, EVEN IF MTI SYSTEMS, INC. HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH DAMAGES, DELAY IN FURNISHING THE SOFTWARE OR ANY OTHER PERFORMANCE UNDER THIS AGREEMENT.

B) ABSOLUTE DOLLAR LIMITATION: EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN PARAGRAPHS 4. A&B. ABOVE, IN NO EVENT SHALL MTI SYSTEMS, INC.'s LIABILITY FOR ANY REASON EXCEED ONE-DOLLAR ($1), AND END-USER HEREBY IRREVOCABLY WAIVES RECOVERY OF ANY DAMAGES IN EXCESS OF SUCH AMOUNT.

6. U.S. GOVERNMENT RESTRICTED RIGHTS THE SOFTWARE IS PROVIDED TO THE GOVERNMENT ONLY WITH RESTRICTED RIGHTS AND LIMITED RIGHTS. USE, DUPLICATION, OR DISCLOSURE BY THE GOVERNMENT IS SUBJECT TO RESTRICTIONS SET FORTH IN "FAR SECTIONS 52-227-14 AND 52-227-19" OR "DFARS SECTION 52.227-7013[C] [1] [II] AS APPLICABLE. CONTRACTOR / MANUFACTURER IS MTI SYSTEMS, INC.

7. GENERAL

A) THIS LICENSE AGREEMENT: CANNOT BE MODIFIED; IT WILL BE GOVERNED BY MASSACHUSETTS LAW WITHOUT REGARD TO CHOICE OF LAW PROVISIONS; IT SHALL NOT BE CONSTRUED TO CONTRADICT THE MANDATORY PROVISIONS OF UNITED STATES COPYRIGHT LAWS; IT IS NOT ASSIGNABLE; SUPERSEDES, ALL OTHER UNDERSTANDINGS OR REPRESENTATIONS, ORAL OR WRITTEN INCLUDING ANY CATALOGUES, ADVERTISING MATERIAL, OR ANY OTHER DOCUMENTS OR INFORMATION OF ANY KIND WHICH HAVE NOT BEEN SPECIFICALLY INCORPORATED HEREIN. ANY DISPUTES, CLAIMS, SUITS OR ACTIONS OF ANY KIND ARISING UNDER OR RELATING TO THIS EULA SHALL BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN SPRINGFIELD, MASSACHUSETTS, AND END-USER HEREBY IRREVOCABLY CONSENTS TO SUCH JURISDICTION AND VENUE FOR SUCH PURPOSES.

B) WAIVER: NEITHER FAILURE NOR ANY DELAY TO EXERCISE A RIGHT, REMEDY OR PRIVILEGE UNDER THIS EULA WILL OPERATE AS A WAIVER, NOR SHALL ANY SINGLE OR PARTIAL EXERCISE OF A RIGHT, REMEDY OR PRIVILEGE PRECLUDE ANY FURTHER EXERCISE OF THE SAME.

C) SEVERABILITY: IF ANY PROVISION OF THIS EULA IS MORE RESTRICTIVE THAN PERMITTED BY LAW OR IS OTHERWISE FOUND UNLAWFUL OR UNENFORCEABLE FOR ANY REASON, THIS EULA AND ITS ENFORCEMENT WILL BE SEVERED OR LIMITED ONLY TO THE EXTENT NECESSARY TO BRING IT WITHIN THE LAW AND ALL OTHER PROVISIONS WILL REMAIN IN FULL FORCE.

D) REMEDIES: ALL RIGHTS CONFERRED UNDER THIS LICENSE OR BY ANY OTHER INSTRUMENT OR LAW SHALL BE CUMULATIVE AND MAY BE EXERCISED SINGULARLY OR CONCURRENTLY.



BarCode2D-PNG



Click stars to rate this APP!

Users Rating:  
  3.0/5     1
Downloads: 297
Updated At: 2024-03-19
Publisher: MTI Systems, Inc.
Operating System: windows
License Type: Free Trial