GE 80-649-3N-XT User Manual - Page 3

iii Intended use You may not: a. transfer or distribute the Licensed Product to others, in electronic format or otherwise, and this Agreement shall automatically terminate in the event of such a transfer or distribution; b. use the Software over a computer network; c. sell, rent, lease, or sublicense the Software; d. copy or modify the Licensed Product for any purpose, including for backup purposes. 3. Term. This Agreement is effective until terminated. You may terminate this Agreement by uninstalling all components of the Software from all Machines and returning the Software to GE SECURITY. GE SECURITY may terminate this Agreement if You breach any of these terms and conditions. Upon termination of this Agreement for any reason, You agree to uninstall all components of the Software and return the Licensed Product to GE SECURITY. All provisions of this Agreement relating to (i) disclaimer of warranties; (ii) limitations on liability, remedies, and damages; and (iii) GE SECURITY's proprietary rights, shall survive termination of this Agreement. 4. Object code. The Software is delivered in object code only. You may not alter, merge, modify, adapt, or translate the Software, nor decompile, disassemble, reverse-engineer, or otherwise reduce the Software to a human-perceivable form, nor create derivative works or programs based on the Software. 5. Limited warranty. GE SECURITY warrants that for one (1) year from the date of delivery of the Licensed Product (Software Warranty Period), the functions contained in the Software will be fit for their intended purpose as described in the applicable Documentation from GE SECURITY, and will conform in all material respects to the specifications stated in such Documentation. GE SECURITY does not warrant that the operation of the Software will be uninterrupted or error-free. GE SECURITY does warrant that the media on which the Software is furnished will be free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date of delivery (Media Warranty Period). Except as specifically provided therein, any other software and any hardware furnished with or accompanying the Software is not warranted by GE SECURITY. Your exclusive remedy under this limited warranty for nonconforming Software shall be repair or replacement of the Software, at the sole discretion of GE SECURITY. To obtain a repair or replacement of nonconforming Software, contact GE SECURITY Customer Service toll-free at 888-GESECURity or online at www.gesecurity.com during the Software Warranty Period. Except as expressly provided above, the licensed product is provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose and, except as expressly provided above, You assume the entire risk as to the quality and performance of the licensed product. 6. Limitation of liability. GE SECURITY's sole obligation or liability under this agreement is the repair or replacement of nonconforming software and/or defective media according to the limited warranty above. In no event will GE SECURITY be liable for damages, whether consequential, incidental, or indirect, nor for loss of data, loss of profits, or lost savings, arising from use or inability to use the software or documentation (or any hardware furnished with the software), even if GE SECURITY has been advised of the possibility of such damages, nor for any claim by any third party. 7. General. Any materials provided to You by GE SECURITY shall not be exported or reexported in viola- tion of any export provisions of the USA or any other applicable jurisdiction. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder shall be void. This Agreement shall be governed by and interpreted under the laws of the State of New York, United States of America, without regard to conflicts of law provisions. You hereby consent to the exclusive jurisdiction of the state and federal courts located in Multnomah County, Oregon, to resolve any disputes arising under or in connection with this Agreement, with venue in Portland, Oregon. 8. Restricted rights legend. The Licensed Product is provided with RESTRICTED RIGHTS. In the event the United States Government or an agency thereof is granted a license, the following additional terms apply: Restricted Computer Software, as defined in the Commercial Computer Software-Restricted Rights clause at Federal Acquisition Regulations 52.227-19, and the restrictions as provided in subparagraphs (c)(1) and (c)(2) thereof; and as applicable, the Government's rights to use, modify, reproduce, release, perform, display, or disclose the Software also are restricted as provided by paragraphs (b)(2) and (b)(3) of the Rights in Noncommercial Technical Data and Computer Software-Small Business Innovative Research (SBIR) Program clause at DFARS 252.227-7018. 9. Acknowledgment. You acknowledge that You have read and understand this agreement and agree to be bound by its terms. You further agree that this agreement is the complete and exclusive statement of the agreement between You and GE SECURITY, and supersedes any proposal or prior agreement, oral or written, and any other communication relating to the subject matter of this agreement. Use this product only for the purpose it was designed for; refer to the data sheet and user documentation. For the latest product information, contact your local supplier or visit us online at www.gesecurity.com.