SOFTWARE LICENSE AGREEMENT
Do not use or install LAN Survey or any of its associated materials before carefully reading the following license agreement. By using or installing the software, you agree to the terms of the license agreement. DEFINITIONS "Licensed Software" means LAN SURVEY Version 1.2 Software in binary form, any other machine readable materials (including, but not limited to data files), any user manuals and other documentation provided to Licensee by CFH Software under this Agreement. Excluded from licensed software is the file IBWin32Setup.EXE, an Open Source release of Interbase (V6.02)
OWNERSHIP AND COPYRIGHT
Licensed software is owned by CFH Software. Licensed Software is copyrighted and protected by laws of the Netherlands, other countries and international treaty provisions. You may not remove or alter any copyright notice from the software. Only CFH Software is entitled to make changes in the licensed software at any time without notice.
LICENSE
CFH Software grants to Licensee, a non-exclusive, non-transferable, limited license to install a single instance of the database component of Licensed Software on a single computer and access that database from all other computers connected to the Local Area Network of the Licensee. For each new database instance, a seperate license is required. Licensee may not duplicate Licensed Software other than for a single copy of Licensed Software for archival purposes only. Except as otherwise provided by law, Licensee may not modify or create derivative works of the Licensed Software, or reverse engineer, disassemble or decompile binary portions of the Licensed Software, or otherwise attempt to derive the source code from such portions. No license is granted to Licensee for any other purpose. Licensee may not sell, rent, loan or otherwise encumber or transfer Licensed Software in whole or in part, to any third party. The License is valid for a period of one (1) year and automatically renewed for periods of one (1) year afterwards, unless otherwise agreed between licensee and CFH Software in a writing signed by an authorized representative of CFH Software. The renewal can be canceled by licensee by sending a written notification to CFH Software at least two (2) months before expiration of the current license.
LIMITED MEDIA WARRANTY
If licensed software has been delivered by CFH Software on physical media, CFH Software warrants the media to be free from defects for a period of ninety (90) days. If a defect is found, return the media to CFH Software for replacement or alternate delivery of the software as CFH Software may select.
DISCLAIMER OF WARRANTIES
Licensee acknowledges that Licensed Software may contain errors and is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility ("High Risk Activities"). CFH Software disclaims any express or implied warranty of fitness for such uses. Licensee represents and warrants to CFH Software that it will not use, distribute or license the Licensed Software for High Risk Activities.
LICENSED SOFTWARE IS PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
LIMITATION OF LIABILITY
IN NO EVENT SHALL CFH SOFTWARE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE LICENSED SOFTWARE, EVEN IF CFH SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TERMINATION OF THIS AGREEMENT
CFH Software may terminate this Agreement at any time if you violate its terms. Upon termination, you will immediately destroy the Licensed Software or return all copies of the Licensed Software to CFH Software.