1.7 End User License Agreement
Brooks Instrument
Smart Interface Software License
IMPORTANT - READ CAREFULLY
BY INSTALLING THE SOFTWARE CONTAINED WITHIN THIS PACKAGE, YOU (“LICENSEE”) AGREE TO ENTER INTO A
SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) WITH BROOKS INSTRUMENT (“BROOKS”) UNDER THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, RETURN THE SOFTWARE
FOR A REFUND.
GRANT OF LICENSE:
BROOKS grants to LICENSEE a non-exclusive and non-transferable license to use the Smart Interface software solely for LICENSEE’s
own use on any single computer, provided the Software is in use only on one computer at any time. If LICENSEE has multiple licenses
for the Software, then at any time LICENSEE may have as many copies of the Software in use as licenses.
COPYRIGHT:
The Software and associated documentation (“Product”) is owned by BROOKS and is protected by United States copyright laws and
international treaty provisions. Therefore, LICENSEE must treat the Software like any other copyrighted material (e.g., a book or
musical recording) except that LICENSEE may make one copy of the Software solely for backup or archival purposes. All copies of the
Software are subject to the terms of this AGREEMENT. LICENSEE may copy the documentation so long as the total number of copies,
including any copies supplied by BROOKS, does not exceed the number of licenses. All titles, trademarks, copyrights and restricted
notices shall be reproduced in all Product copies.
RETENTION OF RIGHTS:
The Software is licensed, not sold. BROOKS shall retain all right, title and interest including, but not limited to, copyright and other
proprietary rights in the Product. LICENSEE shall not acquire any rights, express or implied, in the Software, or any related trademark,
trade name, logo or product designation, other than those specified in this AGREEMENT. Use of the term “purchase” or “sale” shall not
connote transfer of title or ownership.
OTHER RESTRICTIONS:
LICENSEE shall not, without BROOKS’ prior written consent, (a) rent, lease, lend, sub-license, or otherwise transfer the materials or
LICENSEE’s rights hereunder; (b) remove or obscure proprietary or copyright notices which may be set forth on the Product; or (c)
reverse engineer, alter, decrypt, decompile, extract, disassemble, modify or translate the Software. Use of Software in conjunction with
any mechanical modification, alteration or repair of BROOKS’ products is not recommended. Such modification, alteration or repair of
BROOKS’ products by LICENSEE can result in death or bodily injury. LICENSEE is advised to return products to BROOKS or an
authorized service provider for such modification, alteration or repair.
UPGRADES:
License upgrades may become available for the Software. Upgrades may be offered to LICENSEE at a nominal cost.
WARRANTY:
BROOKS warrants the original Software media, as well as the documentation and hardware (“Related Materials”), to be free from
defective materials or workmanship in normal use for twelve (12) months from first use, not to exceed eighteen (18) months from
shipment by BROOKS. BROOKS further warrants that the Software will substantially perform in accordance with the accompanying
documentation. BROOKS will repair or replace, free of charge, that Software media or Related Materials that BROOKS finds to be
defective in materials or workmanship if returned to BROOKS, transportation charges prepaid, within the foregoing period. Where
Software upgrades are provided, BROOKS’ warranty hereunder shall be limited to ninety (90) days from shipment by BROOKS.
BROOKS GRANTS ONLY THE ABOVE STATED EXPRESS WARRANTY. NO OTHER WARRANTIES ARE GRANTED INCLUDING,
BUT NOT LIMITED TO, EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
LIABILITY:
REGARDLESS OF THE CAUSE OF ACTION UNDER WHICH A CLAIM MAY ARISE, INCLUDING CONTRACT OR TORT (INCLUDING
NEGLIGENCE) OR OTHER CAUSES OF ACTION, IN NO EVENT SHALL BROOKS BE LIABLE FOR: (A) ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; (B) ANY DAMAGES WHATSOEVER RESULTING FROM BUSINESS
INTERRUPTION OR LOSS OF USE, DATA, PROFITS, PRODUCT, OR WORK DAYS; OR (C) ANY PROPERTY DAMAGES ARISING
OUT OF, OR IN CONJUNCTION WITH, THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SOFTWARE. BROOKS’
TOTAL LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE FEE PAID BY
LICENSEE UNDER THIS AGREEMENT.
EXPORT:
LICENSEE agrees to comply fully with all relevant export laws and regulations of the United States (“Export Laws”) to assure that
Section 1 Installation
Model 0260 Secondary Electronics Quick Start Guide 05/2022
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