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License Agreement
End User License Agreement for all versions and software related components of RATH® SmartAlert Software.
IMPORANT:
This RATH® End User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and
RATH® for the software product identified above which may include associated software components, media, printed materials and online, or
electronic documentation. By installing, copying, or otherwise using the SmartAlert Software, you agree to be bound by the terms of the EULA. If
you do not agree to the terms of this EULA, do not install or use the SmartAlert Software.
The SmartAlert Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
The software product is licensed, not sold.
1. GRANT OF LICENSE:
• Installation and Use:
RATH® grants you the right to install and use copies of the SmartAlert Software on your computers running validly
licensed copies of the operating system for which the SmartAlert Software was designed (e.g. Windows2000®; Windows 2003 Server®;
Windows XP®; Windows Vista®; Windows 7®; Windows 8®)
•
Backup Copies:
You may also make copies of the SmartAlert Software as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:
•
Maintenance of Copyright Notices:
You may not remove or alter any copyright notices on all copies of the SmartAlert Software.
•
Distribution:
You may not distribute copies of the SmartAlert Software to third parties.
•
Prohibition on Reverse Engineering, Decompilation, and Disassembly:
You may not reverse engineer, decompile, or disassemble the
SmartAlert Software, except and only to the extent that applicable law notwithstanding this limitation expressly permits such activity.
•
Rental:
You may not rent, lease, or lend the SmartAlert Software.
•
Transfer:
You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.
•
Support Services:
RATH® may provide you with support services related to the SmartAlert Software. Use of support is governed by RATH®
policies. Any supplemental software code provided to you as part of the support shall be considered part of the SmartAlert Software and
subject to the terms and conditions of this EULA. With respect to technical information that you provide to RATH® as part of the support,
RATH® may use such information for business purposes, including for product support and development. RATH® will not utilize such
technical information in a form that personally identifies you, without your permission.
•
Compliance with Applicable Laws:
You must comply with all applicable laws regarding use of the SmartAlert Software.
3. TERMINATION:
Without prejudice to any other rights, RATH® may terminate this EULA if you fail to comply with the terms and conditions of
this EULA. In such event, you must destroy all copies of the SmartAlert Software.
4. COPYRIGHT:
All title and copyrights of the SmartAlert Software and any copies thereof are owned by RATH®. All title and intellectual property
rights of content which may be accessed through use of the SmartAlert Software is the property of the respective content owner and may be
protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not
expressly granted are reserved by RATH®.
5. USA GOVERNMENT RESTRICTED RIGHTS:
The SmartAlert Software is provided with restricted rights. Use, duplication, or disclosures by the
Government are subject to restrictions. Manufacturer is RATH® N56W24720 N. Corporate Circle, Sussex, WI 53089.
6. EXPORT RESTRICTIONS:
You agree that you will not export or re-export the SmartAlert Software to any country, person, entity, or end user
subject to USA export restrictions. Restricted countries currently include, but are not limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and
Syria. You warrant and represent that neither the USA Bureau of Export Administration nor any other federal agency has suspended, revoked, or
denied your export privileges.
7. NO WARRANTIES:
RATH® expressly disclaims any warranty for the SmartAlert Software. The SmartAlert Software and any related
documentation is provided “as is” without warranty of any kind, either expressed or implied, of merchantability, fitness for a particular purpose,
or non-infringement. The entire risk arising out of use or performance of the SmartAlert Software remains with you. The SmartAlert Software is
distributed on a 90 day trial basis. It is the customer’s responsibility to fully use and test this software. If in any way the software is unsatisfactory
or is non-functioning, the customer shall not register or pay for the software. When the customer registers or pays for the software, the customer
has accepted the software “as is” and will not entitled to any refund or compensation of any kind.
8. LIMITATION OF LIABILITY:
To the maximum extent permitted by applicable law, in no event shall RATH® or its 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 SmartAlert Software or the
provisions of or failure to provide support services, even if RATH® has been advised of the possibility of such damages. In any case, RATH’s
entire liability under any provision of this EULA shall be limited to the replacement of any registered software that has been determined by RATH®
to be defective. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
9. MISCELLANEOUS:
This EULA is governed by the laws of the State of Wisconsin, USA. Should you have any questions concerning this EULA,
please contact RATH® N56W24720 N. Corporate Circle, Sussex, WI 53089 or by phone 800-451-1460.
