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Software License Agreements
Acknowledgement of this license agreement is also part of the host software installation process:
LICENSE AGREEMENT
BY INSTALLING AND USING THE SOFTWARE, YOU INDICATE ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.
ENTIRE AGREEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THIS AGREEMENT (THE “AGREEMENT“)
IS THE FINAL, COMPLETE AND EXCLUSIVE STATEMENT OF THE ENTIRE AGREEMENT BETWEEN INGMAR MEDICAL, LLC
(“INGMAR“) AND YOU. THIS AGREEMENT SUPERSEDES ANY PRIOR AND CONTEMPORANEOUS PROPOSALS, PURCHASE
ORDERS, ADVERTISEMENTS, AND ALL OTHER COMMUNICATIONS IN RELATION TO THE SUBJECT MATTER OF THIS
AGREEMENT, WHETHER ORAL OR WRITTEN. NO TERMS OR CONDITIONS, OTHER THAN THOSE CONTAINED IN THIS
AGREEMENT, AND NO OTHER UNDERSTANDING OR AGREEMENT WHICH IN ANY WAY MODIFIES THESE TERMS AND
CONDITIONS, SHALL BE BINDING UPON INGMAR UNLESS MADE BY A WRITTEN AGREEMENT, EXECUTED BY DULY
AUTHORIZED REPRESENTATIVES OF BOTH INGMAR AND YOU.
SOFTWARE AND DOCUMENTATION LICENSE
1. IngMar Medical, LLC hereby grants you a non-exclusive, non-transferable license to use the enclosed computer
i
nstrumentation software (the “Software“) and any associated printed documentation (the “Documentation“), subject to
the limitations set forth in
this Agreement (the “License“)
. All right, title and interest to the Software and the
Documentation are, and shall remain, in IngMar and/or its licensor. You have no right of access to the source code of the
host system software (the software running on your PC).
2. You may not alter, assign, decompile, disassemble, distribute, lease, modify, reverse engineer, sublicense, transfer or
translate in any way the Software or Documentation except as provided in the following clauses:
i) You may permanently and simultaneously transfer all of the Software, Documentation and the License if: a) you deliver to
the transferee the Software and Documentation (including updates and upgrades) supplied by this Agreement; b) notify
IngMar in writing of such transfer; and c) destroy any archival/backup copy. A transfer immediately terminates the License.
You agree that the transferee must expressly accept all terms and conditions of this Agreement.
3. YOU MAY NOT COPY THE SOFTWARE OR DOCUMENTATION; provided, however, that you may make one (1) copy of the
Software for archival/backup purposes.
4. If either the Software or Documentation is used in any way not expressly and specifically permitted by this License, then
the License shall immediately terminate. Upon the termination of the License, you shall thereafter make no further use of
the Software or Documentation, and you shall return to IngMar all licensed materials, postage prepaid.
5. THE SOFTWARE IS NOT INTENDED TO BE USED FOR ACTUAL ANALYSIS AND DIAGNOSIS OF MEDICAL CONDITIONS OF
HUMANS OR ANIMALS.
WARRANTIES
1. LIMITED WARRANTY ON MEDIA. For a period of thirty (30) days following the date of delivery to you as the original
licensee, if evidenced by your receipt as such, (the “Warranty Period“) IngMar
Medical, LLC warrants the flash memory
device on which the Software is embodied (if Software was delivered to you on a USB flash drive) to be free from defects in
materials and workmanship under normal use. The warranty is personal to you, and no warranty is made to your
transferees. THE FOREGOING WARRANTIES ARE THE SOLE WARRANTIES ON THE MEDIA AND ARE IN LIEU OF ALL
WARRANTIES OF ANY KIND, SUCH AS WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
2. NO WARRANTY ON SOFTWARE OR DOCUMENTATION. INGMAR LICENSES THE SOFTWARE AND DOCUMENTATION SOLELY
O
N AN “AS IS“ BASIS WITHOUT WARRANTIES OF ANY KIND, SUCH AS WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
ANY PARTICULAR PURPOSE. THE ENTIRE RISK OF QUALITY AND PERFORMANCE IS WITH YOU. IF EITHER THE SOFTWARE,
DOCUMENTATION OR BOTH PROVE TO BE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL SERVICING, CORRECTION OR
REPAIR.
REMEDY FOR DEFECTIVE MEDIA
