End user agreement for Intelli-SMART (PC)
LC Technology International License Agreement
U.S. Export Controls: You agree that you will not export or re-export these products to any country, person, entity or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.
Software License Agreement
Read the terms and conditions of this license agreement carefully. The program is copyrighted and licensed (not sold). By downloading or otherwise receiving a copy of the program, you are accepting and agreeing to the terms of this license agreement. This license agreement represents the entire agreement concerning the program between you and LC Technology International, Inc. (referred to as "licensor"), and it supersedes any prior proposal, representation, or understanding between the parties.
1. GRANT OF LICENSE. This Agreement grants you the following rights:
a) Software. You may install and use one copy of the Software on a single computer unless otherwise authorized in writing by LC Technology International, Inc.
b) Storage/Network Use. You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the Software is installed or run from the storage device. A license for the Software may not be shared or used concurrently on different computers.
c) License Pack. If you have acquired this Agreement in a LC Technology License Pack, you may make the number of additional copies of the computer software portion of the Software authorized on the printed copy of this Agreement, and you may use each copy in the manner specified above.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a.) Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
b.) 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.
c.) Rental. You may not rent or lease the Software.
d.) Software Transfer. You may permanently transfer all of your rights under this Agreement, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, this Agreement, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this Agreement. If the Software is an upgrade, any transfer must include all prior versions of the Software.
e.) Termination. Without prejudice to any other rights, LC Technology 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.
3. UPGRADES. If the software is an upgrade from another product, whether from LC Technology or another supplier, you may use or transfer the Software only in conjunction with that upgraded product, unless you destroy the upgraded product. If the Software is an upgrade of a LC Technology product, you now may use that upgraded product only in accordance with this Agreement. If the Software is an upgrade of a component of a package of software programs that you licensed as a single product, the Software may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
4. COPYRIGHT. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and applets incorporated into the Software, and any copies of the Software) are owned by LC Technology International or its licensors. This 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.
5. DUAL-MEDIA SOFTWARE. You may receive the Software in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the Software.
6. US 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 Software LC Technology International, Inc. 28100 US Hwy 19 North, Suite 203, Clearwater Florida, USA
You agree that all matters relating to your access to, or use of, LC Technology International products shall be governed by the laws of the state of Florida. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts of Pinellas County in Florida and the United States District Court for the Middle District of Florida, with respect to such matters.
Licensor warrants, for your benefit alone, for a period of 90 days from the date of commencement of this License Agreement (referred to as the "Warranty Period") that the Program Diskettes or CD ROM in which the Software is contained are free from defects in material and workmanship.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LC Technology INTERNATIONAL, INC. AND THEIR 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 LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LC TECHNOLOGY INTERNATIONAL, INC. OR THEIR 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 LC Technology 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.
CUSTOMER REMEDIES. LC Technology International, Inc. and their licensors' entire liability and your exclusive remedy shall be, at LC Technology's option, either a) return of the price paid, or b) repair or replacement of the Software or hardware that does not meet LC Technology's Limited Warranty and which is returned to LC Technology with a copy of your receipt. 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.