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Dynamic Measurements, Inc., Software License Agreement
END-USER LICENSE AGREEMENT FOR DYNAMIC MEASUREMENTS, INC., SOFTWARE PRODUCT -- Acq_Mat1432 and its related options and Acq_Mat1564.
IMPORTANT-READ THIS LICENSE AGREEMENT CAREFULLY before ORDERING and Installing this SOFTWARE product! This Dynamic Measurements, Inc., Software License Agreement ("DMLA") is a legal agreement between you (either an individual or a single entity) and Dynamic Measurements, Inc. for the Dynamic Measurements, Inc. software product(s) identified above. This software product may include (i) one or more software programs, (ii) one or more databases of other data, (iii) text and graphics, and/or (iv) photographs and graphical user interfaces, (v) "online" or electronic documentation (all such material is collectively referred to herein as the "Product"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this DMLA. If you do not agree to the terms of this DMLA, promptly return the unused SOFTWARE PRODUCT to the place from which you obtained it for a full refund.
SOFTWARE PRODUCT LICENSE
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE
This DMLA grants you the following rights:
Systems Software - You may install and use one copy of the SOFTWARE PRODUCT on a single computer at a time and only by one user at a time.
Network Storage/Use - You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the SOFTWARE PRODUCT is installed or run from the storage device.
Concurrent Use - A license for the SOFTWARE PRODUCT may not be used concurrently on different computers, however, this agreement does allow a licensed user to install the SOFTWARE PRODUCT on both a work computer and a home computer, provided the SOFTWARE PRODUCT is not in use on both machines at the same time.
The SOFTWARE PRODUCT requires Mathwork’s MATLAB R2007b up to R2015b to be resident on the same computer the SOFTWARE PRODUCT is installed on. This MATLAB license number must also be supplied to Dynamic Measurements, Inc.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering, Decompilation, and Disassembly - You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law not withstanding this limitation.
Separation of Components - The SOFTWARE PRODUCT and its options are licensed as single products. The component parts of each product may not be separated for use on more than one computer.
Rental - You may not rent or lease the SOFTWARE PRODUCT.
Software Transfer - You may permanently transfer all of your rights under this DMLA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades and this DMLA), and the recipient agrees to the terms of this DMLA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT. You must make Dynamic Measurements, Inc aware of this transfer or the transferee will not be granted updating rights.
Termination - Without prejudice to any other rights, Dynamic Measurements, Inc may terminate this DMLA if you fail to comply with the terms and conditions of this DMLA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
All other uses that fall outside the scope of the DMLA must receive the written permission of Dynamic Measurements, Inc.
3. Ownership of the Product
The Software Product and all copies thereof, including without limitation any and all translations, compilations, partial copies, extracts, excerpts, summaries, modifications and enhancements thereof, are and shall remain the sole and exclusive property of Dynamic Measurements, Inc. and its suppliers.
4. UPGRADES
If the SOFTWARE PRODUCT (and its options) is an upgrade of a Dynamic Measurements, Inc product, you now may use that upgraded product only in accordance with this DMLA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
5. COPYRIGHT
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, user interface graphics, text, and "applets," incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, including ‘on-line’ documentation, and any copies of the SOFTWARE PRODUCT, are owned by Dynamic Measurements, Inc. or its suppliers. Copyright laws and international treaty provisions protect the SOFTWARE PRODUCT. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes, or (b) install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
6. U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is: Dynamic Measurements, Inc., 14717 141st Ave SE, Snohomish, WA 98290-6718, USA
MISCELLANEOUS
If you acquired this product in the United States, this DMLA is governed by the laws of the State of Washington.
If this product was acquired outside the United States, then local law may apply.
Should you have any questions concerning this DMLA, or if you desire to contact Dynamic Measurements, Inc for any reason, please contact Dynamic Measurements, Inc. at nolsen@dyanmic-measurements.com, or write:
Norman Olsen
Dynamic Measurements Inc.
14717 141st Ave SE
Snohomish, WA 98290-6718
Phone: +1 425 466 3312
Information: nolsen@dynamic-measurements.com
Support: support@dynamic-measurements.com
WWW: https://www.dynamic-measurements.com
LIMITED WARRANTY
Dynamic Measurements, Inc. warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any hardware accompanying the SOFTWARE PRODUCT will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT and hardware, if any, are limited to ninety (90) days and one year, respectively.
CUSTOMER REMEDIES
Dynamic Measurements, Inc. and its suppliers' entire liability and your exclusive remedy shall be, at Dynamic Measurements, Inc. option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE PRODUCT or hardware that does not meet Dynamic Measurements, Inc's Limited Warranty and which is returned to Dynamic Measurements, Inc with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Dynamic Measurements, Inc are available without proof of purchase from an authorized international source.
NO OTHER WARRANTIES
To the maximum extent permitted by applicable law, Dynamic Measurements, Inc and it’s suppliers disclaim all other warrantees, either express or implied, including, but not limited to, implied warrantees of merchantability and fitness for a particular purpose, with regard to the software product, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, in no event shall Dynamic Measurements, Inc or it’s 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 software product, even if Dynamic Measurements, Inc has been advised of the possibility of such damages. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.