Inductel software license
Before downloading or installing this software, please read the following terms and conditions carefully.
Downloading or installing this software means that you accept the terms and conditions of this License Agreement between Inductel Inc. (hereafter "Inductel") and you, the (hereafter "Purchaser") of the rights provided to you under this License Agreement.
If for any reason you are not satisfied with your Inductel software, please contact Inductel immediately so we may attempt to solve any problems. If we are not able to solve the problem, we will give you a full refund provided you send us a three part letter:
1. stating reason for your dissatisfaction,
2. stating that you have removed all copies of the downloaded Inductel software from your computer, and
3. promising that you will not use the downloaded Inductel software in the future. After we receive the letter, we will refund the full purchase price of your software.
This software is protected under the copyright laws of the United States as well as under international treaties. The right to use the software is provided by this License Agreement, and is conditioned upon you, the Purchaser agreeing to the following terms and conditions:
I. LICENSE GRANT
A. The software, provided to Purchaser by Inductel, remains the property of Inductel, but Inductel grants to Purchaser a nonexclusive right to use it subject to the provisions of this License Agreement.
B. This License Agreement applies to the software and any accompanying materials supplied with this Agreement. Inductel reserves the right to make changes in future versions of the software and accompanying materials without incurring any obligation to the Purchaser.
II. COPYING AND USING
A. Purchaser may make archival copies of the software for the sole purpose of backing up the software and protection the Purchaser's investment from loss.
B. Purchaser may copy the software to the extent reasonably necessary to use it on a computer, including copying it onto a hard disk, copying it into RAM memory, and displaying portions of its contents in accordance with the instructions, in connection with the ordinary and intended use of the software.
C. The software may be used by any number of people, and it may be moved from one computer to another, provided that such use is done in a manner such that there is NO POSSIBILITY that the software could be used in two or more locations simultaneously, and all provisions of this License Agreement are adhered to by all users.
D. Purchaser shall not install the software on a computer network or multi-user system without obtaining permission in the form of an additional license from Inductel.
E. Purchaser shall not copy, disassemble, reverse engineer, or modify the software, including the accompanying materials, except as provided for herein, without express authorization from Inductel.
F. Purchaser shall not remove or obscure the copyright or trademark notices associated with the software of the accompanying materials.
G. Purchaser shall not import or export the software or accompanying material.
III. LIMITATION ON DAMAGES AND WARRANTY
A. Purchaser is responsible for determining his or her own needs, and acknowledges that the software may not completely suit such needs, or operate completely trouble-free. Inductel designed the software to work with the computer systems(s) specified in the manual. With proper application and installation, the software will work substantially as described in the manual, on the specified systems. Inductel is not responsible for Purchaser's specific application, or for any problems resulting from use of the software.
B. Inductel is not responsible for any incidental or consequential damages that occur from use of the software, and Purchaser agrees to hold Inductel harmless from any claim for such damages arising out of the use of the software licensed under this License Agreement.
C. Inductel provides a limited warranty with the purchase of this License Agreement, and Purchaser agrees that Inductel shall not be liable to Purchaser for any damages other than those those set forth as Inductel's responsibility in the limited warranty.
IV. TRANSFER OF SOFTWARE AND LICENSE
A. Purchaser shall not transfer the software to any other person unless such person agrees to be bound by the terms and conditions of this License Agreement.
B. If Purchaser does transfer the software to another person, Purchaser agrees to provide all copies of the software and related materials to such person, and so notify Inductel of the transfer, including notice of the name and address of the person to whom the software was transferred. Purchaser shall also provide Inductel with a written statement, signed by the person to whom the software is transferred, acknowledging acceptance of the terms and conditions of this License Agreement.
V. DURATION AND TERMINATION
A. This License Agreement shall continue in effect until terminated.
B. Inductel may terminate this License Agreement by written notice, upon violation of any of its terms by Purchaser. Upon receipt of such notice of termination, purchaser shall return all copies of the software and related materials to Inductel. Such termination shall not prevent Inductel from exercising any of its other rights provided by law or by this License Agreement.
VI . CONSTRUCTION AND MODIFICATION
A. This License Agreement is governed by the laws of the State of California.
B. Should any portion of this License Agreement be held invalid, all other portions of this License Agreement shall remain in effect.
C. This License Agreement can only be modified by written statement signed by both Purchaser and Inductel.
D. Captions contained in this Agreement are inserted as a matter of convenience and for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any of as provisions.
INDUCTEL LIMITED WARRANTY
Software provided by Inductel is warranted to be free of manufacturing defects for a period of ninety (90) days from the date of purchase of the license to use the software.
Address all warranty claims to:
WARRANTY SERVICE DEPARTMENT
17537 Blanchard Dr.
MONTE SERENO, CA 95030, USA
Inductel's liability shall be limited to the purchase price of the software. Inductel Inc. disclaims any liability for any defect of any kind not reported to Inductel Inc. within 90 days of purchase, and disclaims any liability for incidental, consequential, or other damages arising from use of the software or any accompanying materials. In no event shall Inductel Inc. be liable for any damages that exceed the price paid for the license to use the software.
Inductel Inc. makes no warranty of any kind except as expressly stated herein, and specifically disclaims all other warranties, express or implied, including any implied warranty of merchantability or implied warranty of fitness for a particular purpose.