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INDUCTEL SOFTWARE LICENSE AGREEMENT
Before downloading or installing this
software, please read the following
terms and conditions carefully.
NOTICE:
Downloading or installing this software
means that you accept the terms and
conditions of this License Agreement
between Inductel Inc. (hereafter
"Inductel") and you, the (hereafter
"Purchaser") of the rights provided to
you under this License Agreement.
If for any reason you are not satisfied
with your Inductel software, please
contact Inductel immediately so we may
attempt to solve any problems. If we are
not able to solve the problem, we will
give you a full refund provided you send
us a three part letter:
1. stating reason for your
dissatisfaction,
2. stating that you have removed all
copies of the downloaded Inductel
software from your computer, and
3. promising that you will not use the
downloaded Inductel software in the
future. After we receive the letter, we
will refund the full purchase price of
your software.
This software is protected under the
copyright laws of the United States as
well as under international treaties.
The right to use the software is
provided by this License Agreement, and
is conditioned upon you, the Purchaser
agreeing to the following terms and
conditions:
I. LICENSE GRANT
A. The software, provided to Purchaser
by Inductel, remains the property of
Inductel, but Inductel grants to
Purchaser a nonexclusive right to use it
subject to the provisions of this
License Agreement.
B. This License Agreement applies to the
software and any accompanying materials
supplied with this Agreement. Inductel
reserves the right to make changes in
future versions of the software and
accompanying materials without incurring
any obligation to the Purchaser.
II. COPYING AND USING
A. Purchaser may make archival copies of
the software for the sole purpose of
backing up the software and protection
the Purchaser's investment from loss.
B. Purchaser may copy the software to
the extent reasonably necessary to use
it on a computer, including copying it
onto a hard disk, copying it into RAM
memory, and displaying portions of its
contents in accordance with the
instructions, in connection with the
ordinary and intended use of the
software.
C. The software may be used by any
number of people, and it may be moved
from one computer to another, provided
that such use is done in a manner such
that there is NO POSSIBILITY that the
software could be used in two or more
locations simultaneously, and all
provisions of this License Agreement are
adhered to by all users.
D. Purchaser shall not install the
software on a computer network or
multi-user system without obtaining
permission in the form of an additional
license from Inductel.
E. Purchaser shall not copy,
disassemble, reverse engineer, or modify
the software, including the accompanying
materials, except as provided for
herein, without express authorization
from Inductel.
F. Purchaser shall not remove or obscure
the copyright or trademark notices
associated with the software of the
accompanying materials.
G. Purchaser shall not import or export
the software or accompanying material.
III. LIMITATION ON DAMAGES AND WARRANTY
A. Purchaser is responsible for
determining his or her own needs, and
acknowledges that the software may not
completely suit such needs, or operate
completely trouble-free. Inductel
designed the software to work with the
computer systems(s) specified in the
manual. With proper application and
installation, the software will work
substantially as described in the
manual, on the specified systems.
Inductel is not responsible for
Purchaser's specific application, or for
any problems resulting from use of the
software.
B. Inductel is not responsible for any
incidental or consequential damages that
occur from use of the software, and
Purchaser agrees to hold Inductel
harmless from any claim for such damages
arising out of the use of the software
licensed under this License Agreement.
C. Inductel provides a limited warranty
with the purchase of this License
Agreement, and Purchaser agrees that
Inductel shall not be liable to
Purchaser for any damages other than
those those set forth as Inductel's
responsibility in the limited warranty.
IV. TRANSFER OF SOFTWARE AND LICENSE
A. Purchaser shall not transfer the
software to any other person unless such
person agrees to be bound by the terms
and conditions of this License
Agreement.
B. If Purchaser does transfer the
software to another person, Purchaser
agrees to provide all copies of the
software and related materials to such
person, and so notify Inductel of the
transfer, including notice of the name
and address of the person to whom the
software was transferred. Purchaser
shall also provide Inductel with a
written statement, signed by the person
to whom the software is transferred,
acknowledging acceptance of the terms
and conditions of this License
Agreement.
V. DURATION AND TERMINATION
A. This License Agreement shall continue
in effect until terminated.
B. Inductel may terminate this License
Agreement by written notice, upon
violation of any of its terms by
Purchaser. Upon receipt of such notice
of termination, purchaser shall return
all copies of the software and related
materials to Inductel. Such termination
shall not prevent Inductel from
exercising any of its other rights
provided by law or by this License
Agreement.
VI . CONSTRUCTION AND MODIFICATION
A. This License Agreement is governed by
the laws of the State of California.
B. Should any portion of this License
Agreement be held invalid, all other
portions of this License Agreement shall
remain in effect.
C. This License Agreement can only be
modified by written statement signed by
both Purchaser and Inductel.
D. Captions contained in this Agreement
are inserted as a matter of convenience
and for reference and in no way define,
limit, extend, or describe the scope of
this Agreement or the intent of any of
as provisions.
INDUCTEL LIMITED WARRANTY
Software provided by Inductel is
warranted to be free of manufacturing
defects for a period of ninety (90) days
from the date of purchase of the license
to use the software.
Address all warranty claims to:
INDUCTEL INC.
WARRANTY SERVICE DEPARTMENT
17537 Blanchard Dr.
MONTE SERENO, CA 95030, USA
Inductel's liability shall be limited to
the purchase price of the software.
Inductel Inc. disclaims any liability
for any defect of any kind not reported
to Inductel Inc. within 90 days of
purchase, and disclaims any liability
for incidental, consequential, or other
damages arising from use of the software
or any accompanying materials. In no
event shall Inductel Inc. be liable for
any damages that exceed the price paid
for the license to use the software.
Inductel Inc. makes no warranty of any
kind except as expressly stated herein,
and specifically disclaims all other
warranties, express or implied,
including any implied warranty of
merchantability or implied warranty of
fitness for a particular purpose.
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