IMPORTANT! Do not install this SOFTWARE before you have read this license agreement. By proceeding to install this SOFTWARE you are indicating your acceptance of all the terms and conditions stated in this agreement.
This is a legal agreement between you (either as an individual or a single entity) and Innovasys Limited for this software product which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (the "SOFTWARE"). By installing, copying or otherwise using this SOFTWARE you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this Agreement, do not install or use the SOFTWARE and if it is a non-evaluation version, return it together with physical materials and media to the place you obtained them for a full refund.
1 GRANT OF LICENSE. This agreement grants you the following rights.
(i) EVALUATION LICENSE
You may install and use an unlimited number of copies of the SOFTWARE on an unlimited number of machines.
(ii) SINGLE USER LICENSE
You may install and use one copy of the SOFTWARE on a single computer. The primary user of the computer on which the SOFTWARE is installed may make a second copy for his or her exclusive use on a portable computer.
(iii) MULTI USER LICENSE
You may use as many copies of the SOFTWARE as your multi user license entitles you to, in the manner specified above. You are also entitled to make a corresponding number of secondary copies for portable computer use as specified above.
2. COPYRIGHT. The SOFTWARE is owned by Innovasys Limited and is protected by copyright laws and international treaty provisions, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold. You must therefore treat the SOFTWARE like any other copyrighted material.
3. TERM OF LICENSE. The license will continue until you physically destroy all copies of the SOFTWARE and merged portions thereof, and return any original program media and documentation to Innovasys Limited.
4. OTHER RESTRICTIONS.
(i) TRANSFER
You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. If the SOFTWARE is an update, any transfer must include the update and all prior versions.
(ii) REVERSE ENGINEERING
You may not reverse engineer, decompile, or disassemble the SOFTWARE.
(iii) SEPARATION OF COMPONENTS
The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer, or accessed in any way other than through the provided user interface.
(iv) TERMINATION
Without prejudice to any other rights, Innovasys may terminate this agreement if you fail to comply with the terms and conditions of this agreement. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.
5. ENHANCEMENTS AND UPDATES. From time to time, at its sole discretion, Innovasys Limited may provide enhancements, updates, or new versions of the SOFTWARE on its then standard terms and conditions thereof. This Agreement shall apply to such enhancements.
6. DISTRIBUTION. Distribution by the user of any designers, components or other component parts (EXE's, DLL's, OCX's), executables, source code, or on-line help files distributed by Innovasys Limited as part of this product is prohibited. You shall not develop applications that provide an application programmable interface to the SOFTWARE or the SOFTWARE as modified. Redistribution by you or your users of Innovasys Limited's components, or your modified or wrapped version of Innovasys components without the appropriate redistribution license from Innovasys Limited is prohibited.
7. THIRD-PARTY SOFTWARE AND LICENSES. The SOFTWARE, and content generated by the SOFTWARE, makes use of several Javascript libraries, including, but not limited to, jQuery and jQuery UI (http://www.jquery.com http://www.jqueryui.com). All of these javascript libraries are licensed under the MIT license and The MIT License (http://www.opensource.org/licenses/mit-license.php) applies to them. Each of the javascript files used and distributed include the original copyright notice and a web link in the header of the file.
LIMITED WARRANTY
You assume all responsibility for the selection of the SOFTWARE as appropriate to achieve the results you intend and for the installation of, use of, and results obtained from the SOFTWARE. Innovasys warrants that the media on which you obtained SOFTWARE shall be free of manufacturing defects for a period of (60) sixty days from date of purchase. Except for the limited warranty set forth herein, the SOFTWARE is provided "as is." to the maximum extent permitted by applicable law, Innovasys disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and noninfringement with respect to the SOFTWARE and the accompanying documentation. without limiting the foregoing provisions, Innovasys makes no warranty that the SOFTWARE will be error-free or free from interruptions or other failures or that the SOFTWARE will meet your requirements. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
CUSTOMER REMEDIES. Innovasys Limited and its suppliers' entire liability and your exclusive remedy shall be, at Innovasys Limited's option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE that does not meet Innovasys Limited's Limited Warranty and which is returned to Innovasys Limited with a copy of your receipt or proof of purchase. 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 warranty period or thirty (30) days, whichever is longer.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Innovasys Limited or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of use of or inability to use this Innovasys Limited product, even if Innovasys Limited or its dealer have been advised of the possibility of such damages. Some countries do not allow the exclusion or limitation of certain implied warranties or the limitation of the foregoing warranty or the exclusion or limitation of incidental or consequential damages, in which case and to the extent such exclusion or limitation is not allowed some of the foregoing limitations and exclusions may not apply to you.
HIGH RISK ACTIVITIES. The SOFTWARE is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the SOFTWARE could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). Innovasys expressly disclaims any express or implied warranty of fitness for High Risk Activities.
GENERAL PROVISION. You shall have no right to sub-license any of the rights of this agreement, for any reason. In the event of the breach by you of this Agreement, you shall be liable for all damages to Innovasys Limited, and this Agreement shall be terminated. If any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining portions of this Agreement shall not be affected or impaired thereby. In the event of a legal proceeding arising out of this Agreement, the prevailing party shall be awarded all legal costs incurred.
This Agreement constitutes the entire agreement between the parties for the supply of the SOFTWARE and its associated documentation and supersedes all prior arrangements, agreements, representations, and undertakings. This Agreement may not be changed or modified except by a written instrument duly executed by each of the parties hereto.
MISCELLANEOUS. This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom, without reference to conflict of laws principles. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
You shall be responsible for the payment of all taxes, duties, or levies that may now or hereafter be imposed by any authority upon this Agreement for the supply, use, or maintenance of the SOFTWARE, and if any of the foregoing taxes, duties, or levies are paid at any time by Innovasys Limited, you shall reimburse Innovasys Limited in full upon demand.
ACKNOWLEDGEMENTS. You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.