This is a legal agreement between You, the end user, and MicroImages, Inc. By opening the enclosed key package or installing the enclosed software product(s), You are agreeing to be bound by the terms of this agreement. If You do not agree to the terms of this agreement, return the unopened key package, the software disks, and the accompanying items (written materials, binders, or other containers) within 30 days from the shipping date for a full refund.
1. GRANT OF LICENSE. MicroImages, Inc. grants You the right to use the enclosed software program(s) (the “SOFTWARE”) according to the user limits you purchased as implemented by the protection device (the software license KEY) installed on the computer. (1) If You purchased a single-user license, You may not use or attempt to use the SOFTWARE on more than one computer at a time (2) If You purchased a floating license, You may not attempt to exceed the number of simultaneous users supported by your software license KEY. (3) If You purchased no license (and therefore are using the SOFTWARE in the free mode), You may not attempt to circumvent the product design limits.
2. COPYRIGHT. The SOFTWARE is owned by MicroImages, Inc. and is protected by United States copyright laws and international treaty provisions. Therefore, You must treat the SOFTWARE like any other copyrighted material (e.g. a book or musical recording). License is hereby granted to duplicate and distribute the software and documentation provided that (1) You make no alterations, (2) that written credit is given to MicroImages, Inc., and (3) that all copyright notices are retained.
3. OTHER RESTRICTIONS. You may not reverse engineer, decompile, or disassemble the SOFTWARE or KEY. You may not rent or lease the software without prior written permission from MicroImages, Inc. You may transfer the entire KEY, SOFTWARE, updated materials, and right of license to another party provided that the recipient agrees to the terms of this Agreement, and that MicroImages, Inc. is notified of the transfer.
4. NO WARRANTY. This Software is being delivered to You AS IS and MicroImages makes no warranty as to its use or performance. MICROIMAGES AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USE OR INABILITY TO USE THE SOFTWARE OR THE DOCUMENTATION. MICROIMAGES MAKES NO WARRANTIES, EXPRESS OR IMPLIED AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE(S).
5. WARNING. THIS SOFTWARE IS NOT DESIGNED NOR TESTED FOR A LEVEL OF RELIABILITY SUITABLE FOR USE IN THE DIAGNOSIS OR TREATMENT OF HUMANS OR AS CRITICAL COMPONENTS IN ANY LIFE SUPPORT OR OTHER INFORMATION SYSTEMS THE FAILURE OF WHICH CAN REASONABLY BE EXPECTED TO CAUSE PERSONAL INJURY. THE SOFTWARE MAY CONTAIN DEFECTS, ERRORS, AND INACCURACIES. WHEN YOU USE IT YOU MAY ENCOUNTER INCORRECT RESULTS, ERRORS, OR ANOMALIES. YOU AGREE TO TAKE PRECAUTIONS TO OFFSET SUCH RISKS, SUCH AS TO MAINTAIN FULL BACKUPS OF STORAGE MEDIA AND TO NOT USE THE SOFTWARE WHERE PERSONAL INJURY OR PROPERTY DAMAGE MAY RESULT.
6. LIMIT OF LIABILITY. IN NO EVENT SHALL MICROIMAGES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL OR INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS OR OPPORTUNITIES, EVEN IF A MICROIMAGES REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Your sole remedy for any claim is to obtain one (1) replacement copy of the Software from MicroImages for each copy You have lawfully obtained and which You return to MicroImages. YOU AGREE THESE ARE YOUR ONLY REMEDIES EVEN IF THEY FAIL OF THEIR ESSENTIAL PURPOSE(S).
Some states may not allow the above exclusion or limitation of warranties, remedies or damages, so the above exclusions or limitations may not apply to You. This warranty gives You specific legal rights. You may have other rights which vary from state to state or province to province. For further warranty information, contact MicroImages.
7. GOVERNING LAW. This Agreement will be governed by the laws of the State of Nebraska, U.S.A., and by the laws of the United States of America. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, nor by the laws of any other country or nation, the application of which is expressly excluded. You agree that the Software will not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations. Without limiting the foregoing, the Software may not be exported to Iran, Iraq, Libya, Syria, Cuba, or North Korea, or any nation with which the U.S. Government has embargoed trade. To gain access to the Software, You are certifying that You are not a national of one of these nations and will not permit anyone who is a citizen of one of these nations to have any access to the Software whatsoever.
8. Portions of this software incorporating MrSID functionality are provided under license from LizardTech, Inc. The MrSID software is protected by United States Copyright Law and International Treaty provisions and by US. Patent No. 5,710,835. Foreign patents are pending. Some of the MrSID technology was developed through a project at the Los Alamos National Laboratory (LANL) funded by the U.S. Government, managed under contract by the Regents of the University of California (University). The U.S. Government and the University have reserved rights in the Technology, including the following: (a) the U.S. Government has a non-exclusive, nontransferable, irrevocable, paid-up license to practice or have practiced throughout the world, for or on behalf of the United States, inventions covered by the University’s Patent Rights, and has other rights under 35 U.S.C. § 200-212 and applicable implementing regulations and under the U.S. Department of Energy (DOE)Assignment and Confirmatory License through which the DOE’s rights in the Technology were assigned to the University; (b) Under 35 U.S.C. § 203, the DOE has the right to require LizardTech to grant a non-exclusive, partially exclusive or exclusive license under U.S. Patent No. 5,710,835 in any field of use to a responsible applicant(s) upon term reasonable under the circumstances, if LizardTech does not adequately attempt to commercialize the MrSID Technology. See, 37 CFR 401.6; (c) The University makes no warranty or representation as to the validity or scope of Patent No. 5,710,835, and neither the Government nor the University have any obligation to furnish any know-how, technical assistance, or technical data in connection with MrSID software. For further information about these provisions, contact LizardTech, 821 Second Ave., Suite 1800, Seattle, WA 98104.
9. ENTIRE AGREEMENT. You acknowledge that You have read this Agreement, understand it and that it is the complete and exclusive statement of Your agreement with MicroImages which supersedes any prior agreement, oral or written, between MicroImages and You. No variation of the terms of this Agreement will be enforceable against MicroImages unless MicroImages gives its express consent, in writing signed by an officer of MicroImages.