=====================================================
DEVWAVE END-USER SOFTWARE LICENSE AGREEMENT
INSPECTEXPRESS™ SOFTWARE
=====================================================
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
INSTALLING THE SOFTWARE. BY INSTALLING THE
SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS
OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE
TERMS OF THE AGREEMENT, PUSH NO!
This is a legal agreement between you and DevWave Software Inc.
This Agreement states the terms and conditions upon which
DevWave offers to license the software sealed in the disk
package or downloaded from the web site at www.devwave.com
together with all related documentation and accompanying
items including, but not limited to, the executable programs,
drivers, libraries and data files associated with such programs
(collectively, the "Software").
LICENSE
1. Grant of License.
The Software is licensed, not sold, to you for use only under
the terms of this Agreement. You own the disk or other media
on which the Software is originally or subsequently recorded
or fixed; but, as between you and DevWave (and, to the extent
applicable, its licensors), DevWave retains all title to and
ownership of the Software and reserves all rights not expressly
granted to you.
2. For Use by a Single User Only.
The Software may be used only by a single user at any time.
You may install the software on more than one computer providing
that:
(a) the Software is only ever used by the same user on any of the
computers where it is installed.
(b) there is no possibility that the Software will be used on
more than one computer at a time.
3. Stand-Alone Basis.
You may use the Software only on a stand-alone basis, such that
the Software and the functions it provides are accessible only
to persons who are physically present at the location of the
computer on which the Software is loaded. You may not allow
the Software or its functions to be accessed remotely, or
transmit all or any portion of the Software through any network
or communication line.
4. Copyright.
The Software is owned by DevWave and/or its licensees, and is
protected by Canadian copyright laws and international
treaty provisions. You may not remove the copyright notice from
any copy of the Software or any copy of the written materials,
if any, accompanying the Software.
5. One Archival Copy.
You may make one (1) archival copy of the machine-readable
portion of the Software for backup purposes only in support of
your use of the Software by a single user, provided that
you reproduce on the copy all copyright and other proprietary
rights notices included on the originals of the Software.
6. No Merger or Integration.
You may not merge any portion of the Software into, or
integrate any portion of the Software with, any other program,
except to the extent expressly permitted by the laws of the
jurisdiction where you are located. Any portion of the
Software merged into or integrated with another program, if any,
will continue to be subject to the terms and conditions of this
Agreement, and you must reproduce on the merged or integrated
portion all copyright and other proprietary rights notices
included in the originals of the Software.
7. Network Version.
If you have purchased a "network" version of the Software, this
Agreement applies to the installation of the Software on a
single "file server". It may not be copied onto multiple
systems. Each "node" connected to the "file server" must also
have its own license of a "node copy" of the Software, which
becomes a license only for that specific "node".
8. Transfer of License.
You may transfer your license of the Software, provided that
(a) you transfer all portions of the Software or copies thereof,
(b) you do not retain any portion of the Software or any copy
thereof, and
(c) the transferee reads and agrees to be bound by the terms and
conditions of this Agreement.
9. Limitations on Using, Copying, and Modifying the Software.
Except to the extent expressly permitted by this Agreement or
by the laws of the jurisdiction where you acquired the Software,
you may not use, copy or modify the Software. Nor may you
sub-license any of your rights under this Agreement. You may use
the Software for your personal use only, and not for public
performance or for the creation of publicly displayed videotapes.
10. Decompiling, Disassembling, or Reverse Engineering.
You acknowledge that the Software contains trade secrets and
other proprietary information of DevWave and its licensors.
Except to the extent expressly permitted by this Agreement or by
the laws of the jurisdiction where you are located, you may not
decompile, disassemble or otherwise reverse engineer the
Software, or engage in any other activities to obtain underlying
information that is not visible to the user in connection with
normal use of the Software.
In particular, you agree not for any purpose to transmit the
Software or display the Software's object code on any computer
screen or to make any hardcopy memory dumps of the Software's
object code. If you believe you require information related to
the interoperability of the Software with other programs, you
shall not decompile or disassemble the Software to obtain such
information, and you agree to request such information from
DevWave at the address listed below. Upon receiving such a
request, DevWave shall determine whether you require such
information for a legitimate purpose and, if so, DevWave will
provide such information to you within a reasonable time and on
reasonable conditions.
In any event, you will notify DevWave of any information derived
from reverse engineering or such other activities, and the results
thereof will constitute the confidential information of DevWave
that may be used only in connection with the Software.
TERMINATION
The license granted to you is effective until terminated. You may
terminate it at any time by returning the Software (including any
portions or copies thereof) to DevWave. The license will also
terminate automatically without any notice from DevWave if you fail
to comply with any term or condition of this Agreement. You agree
upon such termination to return the Software (including any portions
or copies thereof) to DevWave. Upon termination, DevWave may
also enforce any rights provided by law. The provisions of this
Agreement that protect the proprietary rights of DevWave will
continue in force after termination.
LIMITED WARRANTY
DevWave warrants, as the sole warranty, that the disks on which the
Software is furnished will be free of defects, as set forth in the
Warranty Card or printed manual included with the Software. No
distributor, dealer or any other entity or person is authorized to
expand or alter this warranty or any other provisions of this
Agreement. Any representation, other than the warranties set forth
in this Agreement, will not bind DevWave.
DevWave does not warrant that the functions contained in the
Software will meet your requirements or that the operation of the
Software will be uninterrupted, error-free or free from malicious
code. For purposes of this paragraph, "malicious code" means any
program code designed to contaminate other computer programs or
computer data, consume computer resources, modify, destroy, record,
or transmit data, or in some other fashion usurp the normal operation
of the computer, computer system, or computer network, including
viruses, Trojan horses, droppers, worms, logic bombs, and the like.
EXCEPT AS STATED ABOVE IN THIS AGREEMENT, THE
SOFTWARE IS PROVIDED AS-IS WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE. DEVWAVE IS NOT OBLIGATED TO PROVIDE
ANY UPDATES, UPGRADES OR TECHNICAL SUPPORT
FOR THE SOFTWARE.
Further, DevWave shall not be liable for the accuracy of any
information provided by DevWave or third-party technical support
personnel, or any damages caused, either directly or indirectly, by
acts taken or omissions made by you as a result of such technical
support.
You assume full responsibility for the selection of the Software to
achieve your intended results, and for the installation, use and
results obtained from the Software. You also assume the entire
risk as it applies to the quality and performance of the Software.
Should the Software prove defective, you (and not DevWave, or its
distributors or dealers) assume the entire cost of all necessary
servicing, repair or correction.
This warranty gives you specific legal rights, and you may also
have other rights which vary from country/state to country/state.
Some countries/states do not allow the exclusion of implied
warranties, so the above exclusion may not apply to you. DevWave
disclaims all warranties of any kind if the Software was
customized, repackaged or altered in any way by any third party
other than DevWave.
LIMITATION OF REMEDIES AND DAMAGES
IN NO EVENT WILL DEVWAVE OR ITS LICENSORS BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS,
LOST SAVINGS, LOST REVENUES OR LOST DATA ARISING
FROM OR RELATING TO THE SOFTWARE OR THIS
AGREEMENT, EVEN IF DEVWAVE OR ITS LICENSORS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL DEVWAVE'S LIABILITY OR DAMAGES
TO YOU OR ANY OTHER PERSON EVER EXCEED THE AMOUNT
PAID BY YOU TO USE THE SOFTWARE, REGARDLESS OF
THE FORM OF THE CLAIM.
Some countries/states do not allow the limitation or exclusion of
liability for incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
GENERAL
This Agreement is binding on you as well as your employees,
employers, contractors and agents, and on any successors and
assignees. Neither the Software nor any information derived
there from may be exported except in accordance with the laws of
the U.S. or other applicable provisions This Agreement is the
entire agreement between us and supersedes any other
understandings or agreements, including, but not limited
to, advertising, with respect to the Software. If any
provision of this Agreement is deemed invalid or unenforceable
by any country or government agency having jurisdiction, that
particular provision will be deemed modified to the extent
necessary to make the provision valid and enforceable, and
the remaining provisions will remain in full force and effect.
=====================================================
E n d o f A g r e e m e n t
=====================================================