AKA Systems, Inc. Software License Agreement
© Copyrighted 1997,1998, 1999, 2000 AKA Systems, Inc. All Rights Reserved
USE OF SOFTWARE PROVIDED BY AKA SYSTEMS, INC. IS SUBJECT TO THE AKA SYSTEMS, INC.
SOFTWARE LICENSE TERMS SET FORTH BELOW. USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF
THESE LICENSE TERMS. IF YOU DO NOT ACCEPT THESE LICENSE TERMS, YOU MUST RETURN THE
SOFTWARE FOR A FULL REFUND. IF THE SOFTWARE IS SUPPLIED WITH ANOTHER PRODUCT, YOU MAY
RETURN THE ENTIRE UNUSED PRODUCT FOR A FULL REFUND.
The following terms govern your use of the enclosed Software unless you have a separate
written agreement with AKA Systems, Inc.
License Grant
AKA Systems, Inc. grants you a license to Use one copy of the Software. "Use"
means storing, loading, installing, executing or displaying the Software. You may not
modify the Software or disable any licensing or control features of the Software. If the
Software is licensed for "concurrent use", you may not allow more than the
maximum number of authorized users to Use the Software concurrently.
Ownership
The Software is owned and copyrighted by AKA Systems, Inc. or its third party suppliers.
Your license confers no title or ownership in the Software and is not a sale of any rights
in the Software. AKA Systems, Inc.'s third party suppliers may protect their rights in the
event of any violation of these License Terms.
Copies and Adaptations
You may only make copies or adaptations of the Software for archival purposes or when
copying or adaptation is an essential step in the authorized Use of the Software. You must
reproduce all copyright notices in the original Software on all copies or adaptations. You
may not copy the Software onto any bulletin board or similar system.
No Disassembly or Decryption
You may not disassemble or decompile the Software unless AKA Systems, Inc.'s prior written
consent is obtained. In some jurisdictions, AKA Systems, Inc.'s consent may not be
required for disassembly or decompilation. Upon request, you will provide AKA Systems,
Inc. with reasonably detailed information regarding any disassembly or decompilation. You
may not decrypt the Software unless decryption is a necessary part of the operation of the
Software.
Transfer
Your license will automatically terminate upon any transfer of the Software. Upon
transfer, you must deliver the Software, including any copies and related documentation,
to the transferee. The transferee must accept these License Terms as a condition to the
transfer.
Termination
AKA Systems, Inc. may terminate your license upon notice for failure to comply with any of
these License Terms. Upon termination, you must immediately destroy the Software, together
with all copies, adaptations and merged portions in any form.
Export Requirements
You may not export or re-export the Software or any copy or adaptation in violation of any
applicable laws or regulations.
U.S. Government Restricted Rights
The Software and documentation have been developed entirely at private expense and are
provided as "Commercial Computer Software" or "restricted computer
software". They are delivered and licensed as "commercial computer
software" as defined in DFARS 252.227-7013 (Oct 1988), DFARS 252.211-7015 (May 1991)
or DFARS 252.227-7014 (Jun 1995), as a "commercial item" as defined in FAR 2.101
(a), or as "Restricted computer software" as defined in FAR 52.227-19 (Jun 1987)
(or any equivalent agency regulation or contract clause), whichever is applicable. You
have only those rights provided for such Software and Documentation by the applicable FAR
or DFARS clause or the AKA Systems, Inc. standard software agreement for the product.
AKA SYSTEMS, INC. LIMITED WARRANTY STATEMENT
AKA Systems, Inc. warrants to you, the end-user customer, that AKA Systems, Inc. hardware,
accessories and supplies, will be free from defects in materials and workmanship after the
date of purchase, for the period specified above. If AKA Systems, Inc. receives notice of
such defects during the warranty period, AKA Systems, Inc. will, at its option, either
repair or replace products which prove to be defective.
AKA Systems, Inc. warrants to you that AKA Systems, Inc. software will not fail to execute
its programming instructions after the date of purchase, for the period specified above,
due to defects in material and workmanship when properly installed and used. If AKA
Systems, Inc. receives notice of such defects during the warranty period, AKA Systems,
Inc. will replace software media which does not execute its programming instructions due
to such defects.
AKA Systems, Inc. does not warrant that the operation of AKA Systems, Inc. products will
be uninterrupted or error free. AKA Systems, Inc. products may contain remanufactured
parts equivalent to new in performance or may have been subject to incidental use. If AKA
Systems, Inc. is unable, within a reasonable time, to repair or replace any product to a
condition as warranted, you will be entitled to a refund of the purchase price upon prompt
return of the product.
Warranty does not apply to defects resulting from:
(a) improper or inadequate maintenance or calibration,
(b) software, interfacing, parts or supplies not supplied by AKA Systems, Inc.,
(c) unauthorized specifications for the product, or
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS LIMITED TO
THE DURATION OF THE EXPRESS WARRANTY SET FORTH ABOVE. Some states or provinces do not
allow limitations on the duration of an implied warranty, so the above limitation or
exclusion might not apply to you. This warranty gives you specific legal rights and you
might also have other rights that vary from state to state, or province to province.
THE REMEDIES IN THIS WARRANTY STATEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS
INDICATED ABOVE, IN NO EVENT WILL AKA SYSTEMS, INC. BE LIABLE FOR LOSS OF DATA OR FOR
DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), OR OTHER DAMAGE,
WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. Some states or provinces do not allow the
exclusion or limitation of incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
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