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License Agreement
PLEASE
READ THE FOLLOWING LICENSE AGREEMENT. IT WILL BE NECESSARY FOR YOU TO AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BEFORE BEING
PERMITTED TO CONTINUE TO INSTALL THE PRODUCT. THE PROCEDURE FOR ACCEPTING OR REJECTING THE LICENSE AGREEMENT IS SET OUT AFTER THE
LICENSE AGREEMENT.
IF
YOU DO NOT ACCEPT THE TERMS OF THE LICENSE AGREEMENT FOR ANY SOFTWARE PRODUCT FOR WHICH YOU HAVE RECEIVED THE CD-KEY (S) WITH THIS
CD-ROM OR OBTAINED THE CD-KEY (S) THROUGH AN AUTHORIZED SOURCE, THE INSTALLATION PROCESS WILL BE TERMINATED. YOU SHOULD PROMPTLY RETURN
THE UNUSED SOFTWARE PRODUCT FOR A REFUND OF THE AMOUNT PAID FOR THE PARTICULAR PRODUCT WITHIN THIRTY (30) DAYS OF THE DATE OF PURCHASE
LICENSE AGREEMENT FOR IOCOMP SOFTWARE, VERY IMPORTANT-CAREFULLY READ:
This Iocomp Software License Agreement (hereinafter "LICENSE") is a
legal agreement between you (either an individual or a single entity) and Iocomp Software, Inc. ("Iocomp"), for the SOFTWARE
or products identified on the disk or CD-ROM labels enclosed with this package and for which the CD-Keys(s) are either provided on the
back of the enclosed CD case or obtained through Iocomp or an authorized distributor, which includes computer software and associated
media and printed materials, and may include "on-line" or electronic documentation ("SOFTWARE"). By installing
using the correct CD-Keys, copying or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not
agree to the terms of this LICENSE, promptly return the unused SOFTWARE to the place from which you obtained it for a full refund.
SOFTWARE LICENSE: The SOFTWARE is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
I. LICENSE GRANT. This LICENSE grants you the following rights: A: You may
use one copy of the IoComp SOFTWARE identified above on a single computer. The SOFTWARE is in "use" on a computer when it is
loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM, or other storage devise) of
that computer. However, installation on a network server for the sole purpose of internal distribution to one or more other computer(s)
shall not constitute "use" for which a separate license is required, provided you have a separate license for each computer
to which the SOFTWARE is distributed. B: Solely with respect to electronic documents included with the SOFTWARE, you may make a
copy (either in hardcopy or electronic form), provided that the number of copies made shall not exceed the number of licenses you own
for that SOFTWARE, and further provided that such copies shall be used only for internal purposes and are not republished or
distributed to any third party. C: You may use the trial versions and product tours, as described on the CD-ROM, of the software
products included on this CD-ROM for the limited purposes of demonstrations, trials and design time evaluations and running a product
tour.
II. TITLE; COPYRIGHT. All title and copyrights in and to the SOFTWARE
(including but not limited to any images, photographs, animation, video, audio, music, text and "applets" incorporated into
the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by IOCOMP or its suppliers. The SOFTWARE is
protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted
material, except that you may either (A) make one copy of the SOFTWARE solely for backup or archival purposes or (B) install the
SOFTWARE on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed
materials accompanying the SOFTWARE.
III. ADDITIONAL RIGHTS AND LIMITATIONS.A. Reverse Engineering, Decompilation
and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE. B: No Separation of Components. The SOFTWARE is
licensed as a single product and the software programs comprising the SOFTWARE may not be separated for use by more than one user at a
time. C: Rental. You may not rent or lease the SOFTWARE. D: Software Transfer. You may NOT transfer any of your rights under this
LICENSE. E: Termination. Without prejudice to any other rights, Iocomp may terminate this LICENSE if you fail to comply with the terms
and conditions of this LICENSE. In such event, you must destroy all copies of the SOFTWARE.
IV. REDISTRIBUTABLE COMPONENTS.A. Sample Code. In addition to the license
granted in Section 1, Iocomp grants you the right to use and modify the source code versions of those portions of the SOFTWARE which
are identified in the documentation as the Sample Code and located in the \EXAMPLES(xx) subdirectory(s) of the SOFTWARE, either on
disk, CD-ROM or electronic format (collectively "SAMPLE CODE") provided you comply with section 4.c. You may not distribute
the EXAMPLE CODE, or any modified version of the EXAMPLE CODE, in source code form.B. Re-distributable Code. In addition to the license
granted in Section 1, Iocomp grants you a nonexclusive, royalty-free right to reproduce and distribute the object code version of those
portions of the SOFTWARE designated in the SOFTWARE as (i) those portions of the SOFTWARE which are identified in the documentation as
the VBX ("VBX") and/or OCX ("OCX") Controls; (ii) those portions of the SOFTWARE which are identified in the
documentation as REDISTRIBUTABLE DLLs ("DLLs"); and (iii) SAMPLE CODE (collectively, "REDISTRIBUTABLES"), provided
you comply with Section 4.c.C. Redistribution Requirements. If you redistribute the REDISTRIBUTABLES, you agree to (i) distribute the
REDISTRIBUTABLES in object code form only in conjunction with and as part of your software application product which adds significant
and primary functionality and which is designed, developed, and tested to operate in the Microsoft Windows and/or Windows NT
environments; (ii) not use Iocomp's name, logo or trademarks to market your software application product; (iii) include a valid
copyright notice on your SOFTWARE; (iv) indemnify, hold harmless, and defend Iocomp from and against any claims or lawsuits, including
attorney's fees, that arise or result from the use and distribution of your software application product; and (v) not permit further
distribution of the REDISTRIBUTABLES by your end user. D. OPC RUNTIME LICENSE. If you utilize the OPC features of the
SOFTWARE, a DISTRIBUTION LICENSE must be obtained to distribute the REDISTRIBUTABLES. Installation of SOFTWARE on additional
computers which utilize the OPC features of the SOFTWARE must have an OPC RUNTIME LICENSE. One (1) OPC EVALUATION LICENSE is
included with your SOFTWARE LICENSE for testing purposes only. OPC RUNTIME LICENSES can be purchased from Iocomp Software or from
an Iocomp Authorized Reseller.
V. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and documentation are
provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in
subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1)
and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Iocomp Software,
Inc., 7021 Grand National Drive Suite 101, Orlando, FL 32819-8378.
VI. EXPORT AND USE. You are acknowledging that you are responsible for
complying with all trade regulations and laws both foreign and domestic and agreeing that you will not use or otherwise export or
reexport, directly or indirectly, this SOFTWARE or underlying information or technology except as authorized by United States law and
the laws of the jurisdiction in which the SOFTWARE was obtained. In particular, but without limitation, the SOFTWARE may not be
exported or re-exported, directly or indirectly, (i) into (or to a national or resident of) any U.S. embargoed country, including
without limitation Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders or (iii) for any
end-use that is prohibited by United States law and the laws of the jurisdiction in which the Technology was obtained. By downloading
and/or using the 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 and that no U.S. federal agency has suspended, revoked, or denied your export privileges.
LIMITED WARRANTYLIMITED WARRANTY: EXCEPT WITH RESPECT TO
REDISTRIBUTABLES, WHICH ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, IOCOMP WARRANTS THAT THE SOFTWARE WILL PERFORM
SUBSTANTIALLY IN ACCORDANCE WITH THE ACCOMPANYING WRITTEN MATERIALS FOR A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF RECEIPT. SOME
STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS OF DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO
THE EXTENT ALLOWED BY APPLICABLE LAW, IMPLIED WARRANTIES ON THE SOFTWARE, IF ANY, ARE LIMITED TO THIRTY (30) DAYS.CUSTOMER REMEDIES.
IOCOMP'S AND ITS SUPPLIERS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT IOCOMP'S OPTION, EITHER (A) RETURN OF THE PAID
PRICE, OR (B) REPAIR OR REPLACEMENT OF THE SOFTWARE. PRODUCTS PURCHASED OTHER THAN DIRECTLY FROM IOCOMP SHALL BE RETURNED THROUGH THE
RESELLER FROM WHICH IT WAS PURCHASED. THIS LIMITED WARRANTY IS VOID IF FAILURE OF THE SOFTWARE HAS RESULTED FROM ACCIDENT, ABUSE, OR
MISAPPLICATION. ANY REPLACEMENT SOFTWARE WILL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL THIRTY (30) DAY PERIOD. OUTSIDE THE UNITED
STATES, NEITHER THESE REMEDIES NOR ANY PRODUCT SUPPORT SERVICES OFFERED BY IOCOMP ARE AVAILABLE WITHOUT PROOF OF PURCHASE FROM AN
AUTHORIZED INTERNATIONAL SOURCE. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IOCOMP AND ITS SUPPLIERS
DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE
OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. NO LIABILITIES FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IOCOMP OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF IOCOMP HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. LICENSEE ACKNOWLEDGES THAT IT HAS READ AND
UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS. LICENSEE FURTHER AGREES THAT THIS AGREEMENT IS THE COMPLETE AND
EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSEE AND LICENSOR, AND SUPERCEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN,
AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATER OF THIS AGREEMENT.
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