End user agreement for Am I OESIS OK?
Am I OESISOK? End User License Agreement
This End User License Agreement ("EULA") is a legal and enforceable agreement between you (“You”),
You being either an individual or a single legal entity, and OPSWAT, Inc. (“OPSWAT”) for the OPSWAT
product identified above, which includes computer software and may include associated media, printed
materials and "online" or electronic documentation (collectively, the "SOFTWARE"). By installing,
copying, or otherwise using the SOFTWARE, You agree to be bound by the terms of this EULA. If You do
not agree to the terms of this EULA, do not install or use the SOFTWARE.
1. SOFTWARE LICENSE
The SOFTWARE is the proprietary property of OPSWAT or OPSWAT's suppliers, and is protected by
copyright laws and international copyright treaties, as well as other intellectual property laws
and treaties. The SOFTWARE is licensed, not sold. While OPSWAT continues to own SOFTWARE, You will
have certain rights to use the SOFTWARE only if You accept this EULA. This EULA governs any releases,
revisions, or enhancements to the SOFTWARE that OPSWAT licenses to You.
You may install and use SOFTWARE for Your own personal use on a single computer, for Your personal
use only, until the SOFTWARE expires. At Your option, You may report issues with the SOFTWARE to
OPSWAT by clicking the Report Issue button or by sending e-mail to email@example.com.
You may not bundle the SOFTWARE with other software, hardware components, or any other services,
sublicense, rent, or lease any portion of the SOFTWARE.
In no circumstance may You reverse engineer, decompile, disassemble, modify, translate, make any
attempt to discover the source code of the SOFTWARE.
You have no right to any technical support whatsoever.
OPSWAT reserves all rights not expressly granted to You. Without prejudice to any other rights,
OPSWAT Inc. may terminate this EULA if You fail to comply with the terms and conditions of this EULA
or In such event, You must destroy all copies of the SOFTWARE and all of its component parts.
2. NO WARRANTIES.
To the maximum extent permitted by applicable law, OPSWAT expressly disclaims any warranty for
the SOFTWARE. The SOFTWARE, any related documentation, and communications sent by OPSWAT to You
in response to Your reporting of issues or sending e-mail to firstname.lastname@example.org are provided
"as is" without warranty of any kind, either express or implied, including, without limitation,
the implied warranties of merchantability or fitness for a particular purpose. The entire risk
arising out of use or performance of the SOFTWARE remains with You.
3. DISCLAIMER OF DAMAGES.
To the maximum extent permitted by applicable law, in no event shall OPSWAT or its suppliers
or distributors be liable for any damages whatsoever (including, without limitation, incidental,
exemplary, consequential damages for procurement of substitute goods or services, loss of use,
loss of business profit, business interruption, loss of business information, or any other
pecuniary loss) however caused and on any theory of liability, whether in contract, strict
liability, or tort (including negligence or otherwise), arising out of the use of the SOFTWARE,
even if OPSWAT or its suppliers or distributors have been advised of the possibility of such damages.
In no case shall the total liability of OPSWAT exceed the amount You paid OPSWAT to use the SOFTWARE.
The disclaimers and limitations set forth above will apply regardless of whether or not You accept
the SOFTWARE or this EULA.
4. U.S. Government Restricted Rights.
RESTRICTED RIGHTS LEGEND. The SOFTWARE is a "Commercial Item," as that term is defined in 48 C.F.R.
section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software
Documentation," as such terms are defined in 48 C.F.R. section 252.227-7014(a)(5) and 48 C.F.R.
section 252.227-7014(a)(1), and used in 48 C.F.R. section 12.212 and 48 C.F.R. section 227.7202,
as applicable. Consistent with 48 C.F.R. section 12.212, 48 C.F.R. section 252.227-7015, 48 C.F.R.
section 227.7202 through 227.7202-4, 48 C.F.R. section 52.227-14, and other relevant sections of the
Code of Federal Regulations, as applicable, the SOFTWARE is licensed to United States Government end
users with only those rights as granted to all other end users, according to the terms and conditions
contained in this EULA.
Manufacturer is OPSWAT, Inc. 640 2nd Street, 2nd, San Francisco, CA 94107, United States of America.
5. EXPORT RESTRICTIONS.
You agree that You will not, directly or indirectly, export or transmit the SOFTWARE or related
documentation and technical data, or process, or service that is the direct product of the SOFTWARE
to any country to which such export or transmission is restricted by any applicable government
regulation or statute, without the prior written consent, if required, by such governmental entity
as may have jurisdiction over such export or transmission.
This EULA is the entire agreement between You and OPSWAT and (i) supersedes all prior or
contemporaneous oral or written communications, proposals, and representations with respect to its
subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order,
acknowledgment, or similar communications between the parties. This agreement shall terminate upon
Your breach of any term contained in the EULA and You shall cease use of and destroy all copies of
the SOFTWARE. The disclaimers of warranties and damages and limitations on liability shall survive
termination. This EULA may only be modified by written document that has been signed by both You and
OPSWAT. Should You have any questions concerning this Agreement, or if You desire to contact OPSWAT
for any reason, please write to: (i) OPSWAT Customer Service, P.O. Box 641103, San Francisco,
CA 94164-1103. If any provision of this Agreement is found to be unlawful, void or unenforceable,
then that provision shall be severed from this Agreement and will not affect the validity and
enforceability of any of the remaining provisions. OESIS is a registered trademark of OPSWAT.
OPSWAT, the OPSWAT logo and OESISOK are trademarks of OPSWAT, Inc. Trademarks not owned by OPSWAT
are owned by their respective owners.
(C) 2002-2009 OPSWAT Inc. All rights reserved.