End user agreement for NCD Command Tool for Windows
This License agreement (the "AGREEMENT") is made between NATIONAL CONTROL DEVICES, with its principal place of business in P.O. Box 455 Osceola, MO 64776, and the individual installing the software ("LICENSEE"), and is effective at the date the installation is completed (the "EFFECTIVE DATE"). NATIONAL CONTROL DEVICES is the owner of certain right, title and interest in the computer program entitled NATIONAL CONTROL DEVICES and related documentation (the "SOFTWARE PRODUCT"). LICENSEE wishes to obtain and NATIONAL CONTROL DEVICES agrees to grant a non-exclusive license to use the SOFTWARE PRODUCT under the terms of the AGREEMENT. NATIONAL CONTROL DEVICES and LICENSEE in consideration of the above agree as follows:
1. NATIONAL CONTROL DEVICES hereby grants to LICENSEE nonexclusive rights to use the SOFTWARE PRODUCT from the Effective Date without any rights whatsoever to redistribute the SOFTWARE PRODUCT, under the terms and conditions of the AGREEMENT. NATIONAL CONTROL DEVICES retains all ownership rights in the SOFTWARE PRODUCT, including patent rights, copyrights and licensing rights. No rights, express or implied, for use other than specified in this AGREEMENT are transferred.
2. LICENSEE agrees not to reverse engineer, decompile, disassemble or distribute the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
3. NATIONAL CONTROL DEVICES EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH THE LICENSEE.
4. IN NO EVENT SHALL NATIONAL CONTROL DEVICES, ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSOCIATES OR ITS SUPPLIERS BE LIABLE FOR ANY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, 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 PRODUCT, EVEN IF NATIONAL CONTROL DEVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. This AGREEMENT shall be construed, governed, interpreted and applied in accordance with the laws of the China.
6. The term of the AGREEMENT is one year (the "Term"). At the end of the Term, the AGREEMENT shall be automatically renewed under the same terms and conditions unless NATIONAL CONTROL DEVICES indicates otherwise. NATIONAL CONTROL DEVICES shall have the right to terminate this AGREEMENT for any reason with immediate effect upon notice by conventional mail, electronically or by posting at our web site to LICENSEE. Upon termination for any reason, LICENSEE agrees to destroy the original and all copies, including partial copies of the SOFTWARE PRODUCT.
7. The parties agree that this AGREEMENT is the entire AGREEMENT, and shall not be subject to any change or modification except in writing by both parties.