End user agreement for IRCAS Alarm
LICENSE TERMS FOR IRCAS Alarm Please read this License Agreement before installing or using this software. When you install or use this software, you agree to be bound by the terms of this License. If you didn't obtain this copy of the software legally, please destroy the copy immediately. If you do not agree to these terms, promptly cease all further installation or use of the software. DEFINITIONS In this Agreement, "IRCAS" means Rombouts Electronics / IRCAS; "LICENSE AGREEMENT" means this Agreement; "LICENSEE" means you, the licensee of the SOFTWARE; "SOFTWARE" means the IRCAS Alarm software, including any technology and utility software licensed by IRCAS from the developers and owners thereof, together with all accompanying documentation. LICENSE In consideration of your agreement to comply with the terms and conditions of this License Agreement, IRCAS grants you, LICENSEE, a non-exclusive license to use the SOFTWARE and to view the documentation on a single computer system. It is also agreed that the License granted to the LICENSEE is non-transferable. LICENSEE may not use the SOFTWARE on more than one computer terminal at the same time. This Agreement does not grant LICENSEE any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights, functions or licenses in respect of the SOFTWARE. COPYRIGHT AND RESTRICTIONS ON USE The SOFTWARE contains copyrighted material and, in its humanly readable form, contains trade secrets and proprietary information owned by or licensed to IRCAS. Title to and ownership of the SOFTWARE and the documentation that accompanies the SOFTWARE and all intellectual property rights in the SOFTWARE and said documentation are and shall remain the sole property of IRCAS and/or its licensors. By transmitting any suggestions, information, material or other content (collectively, "Content") to IRCAS, LICENSEE (i) represents and warrants that such Content does not infringe upon the intellectual property or proprietary rights of any third parties (including but not limited to patents, copyrights, trademarks, or trade secrets) and that he or she has all rights necessary to convey such Content to IRCAS, and (ii) automatically grants to IRCAS the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Content. Further, IRCAS is free to use any ideas, concepts, know-how, techniques and suggestions contained in any Content or communications that LICENSEE sends for any purpose whatsoever, including but not limited to creating, manufacturing, and marketing products and/or services using such information. LICENSEE may not de-compile, reverse engineer, disassemble or otherwise reduce the SOFTWARE to humanly readable form. LICENSEE may not modify, rent, lease, loan the SOFTWARE or distribute copies of it. LICENSEE may not electronically transfer the SOFTWARE over a network, a telephone circuit or the Internet. LICENSEE may not create derivative software based upon any trade secret or proprietary information of IRCAS and/or its licensors. LICENSEE may not sub-license, assign or transfer this License. LICENSEE may not adapt or use any trademark or trade name, which is similar to, or likely to be confused with, that of IRCAS or any of its licensors or take any other action that impairs or reduces the trademark rights of IRCAS or of its licensors. LICENSEE may make one copy of the SOFTWARE for backup or archival purposes. LICENSEE may print a copy of the documentation from the disk only for LICENSEE's use for the sole purpose of operating the SOFTWARE. LICENSEE further acknowledges that this License is not a sale or an assignment of IRCAS's and/or its licensors' intellectual property rights in the SOFTWARE and the accompanying documentation and that IRCAS and its licensors continue to own title to the SOFTWARE. SPECIAL DISTRIBUTION RIGHTS The SOFTWARE may be freely distributed by the LICENSEE, provided that: (i) Such distribution includes only the original archive supplied by IRCAS. LICENSEE may not alter, delete or add any files in the distribution archive. (ii) No money is charged to the person receiving the SOFTWARE, beyond reasonable cost of packaging and other overhead. NO WARRANTY IRCAS does not warrant, guarantee or make any representations that the functions contained in the SOFTWARE will meet LICENSEE's requirements or that the operation of the SOFTWARE will be uninterrupted or error-free. Any other software and any hardware furnished with or accompanying the SOFTWARE is not warranted by IRCAS. LIMITATION OF LIABILITY THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER TYPE, WHETHER EXPRESSED OR IMPLIED, AND TO ANY REMEDY AGAINST IRCAS AND/OR ITS LICENSORS, WHETHER IN CONTRACT, TORT, DELICT, QUASI-DELICT OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES SO THE PRECEDING EXCLUSIONS MAY NOT APPLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IRCAS AND/OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR DIRECT OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT) ARISING OUT OF LICENSEE'S USE OR INABILITY TO USE THE SOFTWARE OR PRINTED INFORMATION ACCOMPANYING IT, WHETHER OR NOT IRCAS AND/OR ANY OF ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST LICENSEE. EXPORT LAW ASSURANCES LICENSEE agrees not to re-export the SOFTWARE and other technical information received from IRCAS except as permitted by the laws and regulations of the jurisdiction in which LICENSEE obtained the SOFTWARE. TERMINATION This License shall remain in full force and effect unless and until terminated. This License will terminate immediately, automatically and without notice if LICENSEE fails to comply with any provision of this Agreement. Upon termination, LICENSEE must immediately stop using the SOFTWARE, erase or destroy all copies of the SOFTWARE, and destroy all printed information provided with the SOFTWARE. ENTIRE AGREEMENT This License Agreement constitutes the entire agreement between LICENSEE and IRCAS and supersedes any other prior agreements or communications regarding the SOFTWARE. If any provision of this agreement is held invalid, the remainder of this agreement shall remain in effect. WAIVER The failure by IRCAS or any of its licensors to enforce at any time any of the provisions of this agreement, to exercise any election or option provided herein, or to require at any time the performance by LICENSEE of any of the provisions herein will not in any way be construed as a waiver of such provisions. LANGUAGE OF AGREEMENT LICENSEE agrees that this agreement be drafted in the English language. Le licencié accepte que la présente convention soit rédigée en anglais. GOVERNING LAW This Agreement shall be governed and be construed in accordance with the laws of The Netherlands applicable therein. Copyright (C) 2000-2003 Rombouts Electronics / IRCAS. All rights reserved. The IRCAS logo is registered trademarks of Rombouts Electronics / IRCAS. IRCAS Alarm is a trademark of Rombouts Electronics / IRCAS. Other product and brand names may be trademarks or registered trademarks of their respective owners.