Kaltech DW-709 Manual - page 5
SOFTWARE are expressly prohibited. Provided, however, that nothing in these conditions shall
restrict (i) decompiling, notwithstanding that decompiling may involve adaptation, if the sole purpose
of such decompiling is to achieve the interoperability of an independently created program with other
programs, or (ii) any other act permitted to the End User by applicable laws and regulations of the
End User’s jurisdictions.
5.
NON-PERMITTED USES.
Without the express prior written permission of Kaltech
Enterprises you may not (a) use, copy, modify, alter or transfer electronically or otherwise, the
SOFTWARE or documentation except as expressly permitted in this License Agreement, or (b)
translate, reverse program, disassemble, decompile, or otherwise reverse engineer the SOFTWARE.
6.
U.S. GOVERNMENT RESTRICTED RIGHTS.
If you are acquiring the SOFTWARE on
behalf of any unit or agency of the United States Government, the following provision applies: It is
acknowledged that the SOFTWARE and the documentation were developed at private expense and
that no part is in the public domain and that 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 at 48 CFR 52.227-19, as applicable. Contractor/Manufacturer is Kaltech Enterprises 5436 W
Crenshaw St Tampa FL33634
7.
EXPORT CONTROLS.
Certain uses of the SOFTWARE by the End User maybe subject to
restrictions under U.S. regulations relating to exports and ultimate end uses of computer software.
The End User agrees to fully comply with all applicable U.S. laws and regulations, including but not
limited to the Export Administration Act of 1979 as amended from time to time and any regulations
promulgated there under.
8.
LIMITED WARRANTY.
(a) Kaltech Enterprises warrants to the End User, (i) that the
SOFTWARE (not including any third-party software) will perform substantially in accordance with
the associated documentation and (ii) that the SOFTWARE is properly recorded on the disk media.
This Limited Warranty extends for (90) days from the date of purchase of this License. Kaltech
Enterprises does not warrant any third-party software that is provided with the SOFTWARE, but
Kaltech Enterprises agrees to pass on the End User any warranties of the owner of licensor to the
extent permitted by the owner or licensor. (b) This Limited Warranty does not apply to any software
that has been altered, damaged, abused, mis-applied, or used other than in accordance with this
License and any instructions included on the SOFTWARE and the associated documentation. (c)
Kaltech Enterprises’s entire liability under this Limited Warranty shall be the repair or replacement of
any SOFTWARE that fails to conform with this Limited Warranty or, at Kaltech Enterprises’s option,
the return price paid for this license. Kaltech Enterprises shall have no liability under this Limited
Warranty unless the SOFTWARE is returned to Kaltech Enterprises or its authorized representative,
with a copy of the End User’s receipt, within the warranty period or 30 days, whichever is longer. (d)
THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT
EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OF IMPLIED, SUBJECT TO CONTRARY
ORDER PUBLIC REQUIREMENTS IN THE END USER’S JURISDICTION. (e) The End User’s failure
to return the enclosed registration card or complete the electronic registration included with the
SOFTWARE may result in Kaltech Enterprises’s inability to provide the End User with updates to the
SOFTWARE, and the End User assumes the entire risk of performance and result in such en event.
c. VOLUME USE.
If the SOFTWARE is licensed with volume use terms specified in the
applicable product invoicing or packaging, you may make, use and install as many
additional copies of the SOFTWARE on the number of Client Devices as the volume use
terms authorize. You must have a reasonable mechanism in place to ensure that the
number of Client Devices on which the SOFTWARE has been installed does not exceed the
number of licenses you have obtained. This license authorizes you to make or download
one copy of the Documentation for each additional copy authorized by the volume license,
provided that each such copy contains all of the proprietary notices for the Documentation.
d. STORAGE/NETWORK USE.
You may also store or install a copy of the SOFTWARE on
a storage device, such as a network server, used only to install or run the SOFTWARE on
your other computers over an internal network; however, you must acquire and dedicate a
license for each separate computer on which the SOFTWARE is installed or run form
thestorage device. A license for the SOFTWARE may not be shared or used concurrently
on different computers.
e. TERM.
(i) This License is effective form the date of purchase of the License and shall
remain in force until terminated. The End User may terminate this License at any time by
destroying the SOFTWARE and its associated documentation, together with all copies of
any form. (ii) Notwithstanding subparagraph d(i) above, this License may be terminated at
any time by written notice of termination given by Kaltech Enterprises to the End User in
any of the following circumstances: (A) If the End User shall expressly or impliedly
repudiate this License by refusing or threatening to refuse to observe any of the conditions
to which this License is subject; or (B) If the End User shall fail to make any payment due
under and pursuant to this License or to observe any of the conditions to which this License
is subject and, after the End User’s attention has been drawn by notice to such failure, shall
fail to remedy the matter to Kaltech Enterprises’s reasonable satisfaction within thirty days
of the giving of such notice;; or (C) If the End User shall have a receiver or administrative
receiver or administrator appointed or shall enter into liquidation whether compulsory or
voluntary or it the End User shall be unable to pay its debts as and when they fall due.
(iii) On expiry, surrender, or other termination of this License, however such termination
may arise, the End User shall cease to load, store, copy or use the Software and the a
ssociated documentation, shall delete the SOFTWARE from its computers and shall either
surrender the SOFTWARE and the associated documentation, together with all copies in
any form, to Kaltech Enterprises or shall destroy the same. The End User shall continue
termination to observe and enforce confidentiality and secrecy in respect of the SOFTWARE
and its associated documentation for the benefit of Kaltech Enterprises, and however
termination may occur it shall not prejudice any right of action or remedy, which may have
occurred prior to termination.
3.
BACKUP COPY.
In addition to any copies authorized for use under this License, the End
User may make a single copy of the SOFTWARE solely for backup purposes.
4.
INTEGRITY OF THE SOFTWARE.
The End User shall not enhance or vary any part of the
SOFTWARE nor procure or permit the whole or any part of the SOFTWARE (whether in its original
or in any updated, enhanced, or varied form) to be incorporated into any other software or computer
system. Translations, reverse programming, disassembling, and reverse engineering of the