Terms and Conditions
Entek IRD 6600 Series Protection Monitors
v
ENTEK IRD INTERNATIONAL CORPORATION
STANDARD SOFTWARE LICENSE AGREEMENT
1.
LICENSE: This License Agreement ("Agreement") sets forth the terms and conditions on which
software owned by or licensed to Entek IRD International Corporation ("Entek IRD"), whether
incorporated into a piece of equipment (i.e. "firmware") or provided separately, together with
related user documentation in any medium (together referred to as "Software"), are licensed to a
customer ("Customer"). Upon Customer's use of or payment for the Software, Customer is
deemed to have agreed to all the terms and conditions contained in this Agreement. Any different
or additional terms and conditions contained in Customer's order or other documents are
expressly objected to by Entek IRD and not binding upon it.
A. Entek IRD grants Customer a non-exclusive and non-transferable license to use each Software
program furnished hereunder solely for Customer's internal use and subject to the following
limitations: If the Software provided is for a single-user system as identified in the quotation,
Customer may use the Software only on a single computer. If the Software provided is for a local
area network (LAN) multi-user system as identified in the quotation, Customer may install the
Software on a single database server and may access the Software only from other network
clients located at the same site. If the Software provided is for a wide area network (WAN) multi-
user system as identified in the quotation, Customer may install the Software on a single database
server and may access the Software only from network clients at the same site and at the number
of remote sites for which Customer purchases licenses. TurboMonitor software may be installed
only on a single computer per license. If any Software requires a security key for access,
Customer may use only security keys purchased from Entek IRD.
B. Customer acknowledges that the Software and related documentation including all versions,
corrections, enhancements and improvements thereto, include confidential data and know-how
which are claimed as trade secrets or other proprietary information by Entek IRD and/or its
suppliers. Without prior written consent of Entek IRD, Customer shall not do, or permit or assist
others to do any of the following: (i) allow the Software, related documentation or any portion
thereof in any form to be used by any person or entity other than Customer's employees or agents,
and then only to the extent necessary in the scope of their employment or agency; (ii) copy or
otherwise reproduce, disassemble, modify, update, translate, transform into other form, or
enhance the Software; or (iii) disclose or permit access to the Software to any person or entity,
except to the extent necessary to facilitate the permissible use thereof as set forth in (i) above.
Entek IRD is under no obligation to furnish source code for any Software program.
C. Customer shall not assign or otherwise transfer the license to the Software granted herein
except to a successor in interest to the entire business in which the Software is used, and then only
if the assignee or transferee agrees in writing to be bound by the terms hereof. Customer warrants
that all persons having access to the Software will observe and perform the obligations set forth
in this document. Customer understands and agrees that the Software is an unpublished work and
agrees that the existence of any copyright notice shall not be construed as an admission or
presumption that publication has occurred. Customer acknowledges, notwithstanding the license
granted herein, that the Software, and all rights thereto, are and shall continue to be exclusively
owned by Entek IRD and/or its suppliers. The Software is "commercial computer software" for
purposes of licenses to any divisions or agencies of the U.S. Federal Government. Customer
shall not send or use the Software outside the United States except in compliance with all
applicable law, including U.S. export regulations and restrictions. Entek IRD may enter
Customer’s premises during normal business hours to verify Customer’s compliance with the
terms of this license.
