GENERAL SOFTWARE LICENSE
1. LICENSE: In consideration, for the purchase price, the application and system software, whether on disk, memory stick or embedded in ROM (the “Software”), and related documentation are licensed to you by Spectral Evolution, (SEI). You own the disks or memory sticks on which the software is recorded, but SEI retains title to the software. This License allows you to use the software on a single computer or PDA and make one copy of the software in machine-readable form for backup purposes only. This License also allows you to use the Software in the computer environment agreed in writing by the parties (i.e., single-user/multi-user/site-wide/other).
2. RESTRICTIONS: The Software contains copyrighted material, trade secrets, and other proprietary information and, in order to protect them, you may not decompile, reverse engineer, disassemble or reduce the software to human-perceivable form.
3. DISCLAIMER OF WARRANTY ON SOFTWARE: You expressly acknowledge and agree that use of the software is at your sole risk. The software and related documents are provided “AS IS” and without warranty of any kind. SEI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
Software, when purchased after the initial instrument purchase, will assume the warranty or service contract duration of the original instrument. If this purchase occurs during the last three months of the system warranty or service contract, or later, it will be considered a stand-alone purchase and will receive a three month warranty from the date of installation or a four month warranty from date of shipment, whichever occurs first. If the original instrument is no longer under warranty or service contract, the software will have a THREE MONTH warranty duration from the date of installation or a FOUR MONTH warranty duration from the date of shipment, whichever occurs first.
Optional product software, not developed by SEI, will be warranted and supported by the software vendor, not by SEI.
4. HARDWARE COMPATIBILITY: Spectral Evolution will support, to the best of its ability, various hardware configurations, but cannot guarantee that the software will operate on all possible configurations. Spectral Evolution guarantees that the software will work on computer platforms sold by Spectral Evolution provided the operating system or hardware is not modified or changed in any way.
5. LIMITED WARRANTY ON MEDIA: When purchased with an instrument, SEI warrants the software media, on which programs and computer codes are recorded, to be free from defects in materials and workmanship under normal use for a period of ONE YEAR from the date of installation (as verified by an authorized SEI Representative) or THIRTEEN MONTHS from the date of shipment, whichever occurs first.
SEI will replace, free of charge, any defective disk or memory stick provided that it is returned during the warranty period to SEI. This limited warranty on the media runs only to the original purchaser of the software and can not be transferred or sold. This warranty does not apply if the product has been damaged by accident, abuse, misuse, misapplication or if the product has been modified without the written permission of SEI.
6. SOFTWARE REVISION UPDATE POLICY: SEI will update, free of charge, any software product, which has undergone a revision change and release during the warranty duration period. Software revisions are corrections to the defined functional specification of the software and are identified by a second digit change (v1.0 to v1.1). Revision changes occur routinely to software and documentation but without schedule or commitment by SEI to make any such changes within a defined period.
Costs, associated with hardware modifications, upgrades and licensing for the control software (e.g., operating system and compilers) by the computer manufacturer, required to operate the revised software, are the responsibility of the user. The release and distribution of new software product versions are not covered by this update policy.
7. GOVERNMENT END USERS: If this software is acquired by or on behalf of a unit or agency of the United States Government, this provision applies. This software (i) was developed at private expense, and no part of it was developed with government funds; (ii) is a trade secret of SEI for all purposes of the Freedom of Information Act; (iii) in all respects is proprietary data belonging solely to SEI.
8. ENTIRE AGREEMENT: This License constitutes the entire agreement between the parties with respect to the use of the software and related documentation and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
THE FOREGOING ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, PURCHASER AGREES THAT IN THE ABSENCE OF MALICE OR GROSS NEGLIGENCE SPECTRAL EVOLUTION IS NOT RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, OR BUSINESS DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFIT OR USE), WHICH MAY BE SUFFERED AS A RESULT OF PURCHASER’S PURCHASE OR USE OF THE ITEMS COVERED HEREUNDER. ANY WARRANTY IMPLIED IN LAW SHALL BE ONLY FOR THE DURATION OF ANY EXPRESS WARRANTIES.