
Important - Read carefully before opening sealed carton(s). by
opening the sealed carton(s) containing enclosed software and/or
hardware you indicate your acceptance of the following Connect Inc.
license and warranty (“Agreement”).
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This is a legal agreement between you (either an individual or an
entity) and Connect Inc. by opening this sealed carton you are
agreeing to be bound by the terms of the agreement. if you do not
agree to the terms of this agreement, promptly return the unopened
carton(s) and the accompanying items (including printed materials
and binders or other carton(s)) to the entity from which you obtained
them for a full refund.
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Connect Inc. License and Warranty
1. GRANT OF LICENSE. This license permits you to use one copy of the
enclosed Connect/RF software program (the “SOFTWARE”) on a single
computer. The SOFTWARE is in “use” on a computer when it is loaded
into temporary memory (i.e., RAM) or installed into permanent memory
(e.g., hard disk, CD-ROM, or other storage device) of that computer.
However, installation on a network server for the sole purpose of internal
distribution shall not constitute “use” for which a separate license is
required, provided you have a licensed copy of the SOFTWARE for each
computer that can access the Software over that network.
2. COPYRIGHT. The SOFTWARE and all copyright, trade secrets and
other right, title and interest therein is owned by Connect Inc., or its
licensors, or suppliers 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)
except that you may either (a) make one copy of the SOFTWARE solely
for backup or archival purposes, or (b) transfer the SOFTWARE to a
single hard disk provided you kept the original solely for backup or
archival purposes.
3. OTHER RESTRICTIONS. You may not sublicense, rent or lease any
portion of the SOFTWARE, but you may transfer the SOFTWARE and
accompanying written materials on a permanent basis provided you retain
no copies and the recipient agrees to the terms of this Agreement. You may
not reverse engineer, decompile, disassemble, or modify, translate, make
any attempt to discover the source code of the SOFTWARE or create
derivative works from the SOFTWARE. You may not copy the
documentation which accompanies the SOFTWARE. If the SOFTWARE
is an update or has been updated, any transfer must include the most recent
update and all prior versions.
4. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE in
more than one medium. Regardless of the type or size of medium you
receive, you may use only the medium appropriate for your single
designated computer or network server. You may not use the other
medium on any other computer or computer network, or loan, sublicense,
rent, lease, or transfer it to another user except as part of a permanent
transfer (as provided above) or other use expressly permitted by this
License.
5. EXPORT RESTRICTIONS. You agree that neither you nor your
customers intends to or will, directly or indirectly, export or transmit (a)
the SOFTWARE or related documentation and technical data or (b) your
software product, or process, or service that is the direct product of the
SOFTWARE, to any country to which such export or transmission is
restricted by any applicable U.S. regulation or statute, without the prior
written consent, if required, of the Bureau of Export Administration of the
U.S. Department of Commerce, or such other governmental entity as may
have jurisdiction over such export or transmission.
6. LIMITED WARRANTY. Connect warrants that (a) the media on
which the Software is distributed will perform substantially in accordance
with the accompanying written materials for a period of (30) days from the
date of receipt of the SOFTWARE, and (b) any hardware accompanying
the SOFTWARE will be free from defects in materials and workmanship
under normal use and service for a period of one (1) year from the date of
receipt. Any implied warranties on the SOFTWARE and hardware are
limited to thirty (30) days and one (1) year, respectively. Some
states/jurisdictions do not allow limitations on duration of an implied
warranty, so the above limitation may not apply to you. Connect
Incorporated does not warrant that the SOFTWARE will meet your
requirements or that operation of the SOFTWARE will be uninterrupted
or that the SOFTWARE will be error-free.
7. CUSTOMER REMEDIES. Connect Inc., its licensors’ and suppliers’
entire liability and your exclusive and sole remedy in the event of a breach
of the Limited Warranty will be, at Connect’s option, either (a) refund of
the price paid for the SOFTWARE and/or the hardware, or (b) repair or
replacement of the SOFTWARE or hardware that does not meet Connect’s
Limited Warranty and which is returned to Connect within the warranty
period with a copy of your purchase order/receipt. This Limited Warranty
is void if failure of the SOFTWARE or hardware has resulted from
accident, abuse, or misapplication. Any replacement SOFTWARE or
hardware will be warranted for the remainder of the original warranty
period or thirty (30) days, whichever is longer. Outside the United States,
neither these remedies nor any product support services offered by Connect
are available without proof of purchase from an authorized non-U.S.
source.
8. No other warranties. the above warranty is exclusive and in lieu of all
other warranties, whether express or implied, including, but not limited to,
implied warranties of merchantability, fitness for a particular purpose and
noninfringement, this limited warranty gives you specific legal rights. you
may have others which vary from state/jurisdiction to state/jurisdiction.
9. Disclaimer of Damages. Regardless of whether any remedy set forth
herein fails of its essential purpose, in no event shall Connect incorporated
or its suppliers or licensors be liable for any special, consequential, indirect
or similar damages whatsover (including without limitation, damages for
any loss of business profits, business interruption, loss of business
information or data or any other pecuniary loss ) arising out of the use or
inability to use the software and/or hardware, even if Connect Inc., has
been advised of the possibility of such damages. because some
states/jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not apply to
you.
10. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE
and documentation are provided with RESTRICTED RIGHTS. Use,
duplication, or disclosure by the Government is subject to restrictions as
set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 or subparagraphs
(c)(1) and (2) of the Commercial Computer Software-Restricted Rights
clause at 48 CFR 52.227-19, as applicable. Manufacturer is Connect Inc.,
5400 Patton Dr., Suite 300, Lisle, IL 60532.
GENERAL:
If you acquired this product in the United States, this Agreement is
governed by the laws of the State of Illinois. This Agreement may only be
modified by a license addendum which accompanies this license or by a
written document which has been signed both by you and Connect Inc.
If you have any questions concerning this Agreement, or if you desire to
contact Connect for any reason, please write; Connect Inc., 5400 Patton
Dr., Suite 300, Lisle, IL 60532.