|
INDUCTEL SOFTWARE LICENSE AGREEMENT
Before installing this software, please read the following terms and conditions carefully.
NOTICE: 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 you bought the CD version of the software, and if you do not agree to these terms and conditions, return the unused software, along with all accompanying materials and your sales receipt, to your dealer or to Inductel, Inc., 17537 Blanchard Drive, Monte Sereno, CA 95030 within five (5) days of purchase for a refund of the purchase price. If you bought the download version of the software, and if you do not agree to these terms and conditions, please un-install the software from your computer in accordance with the instructions, and contact Inductel within five (5) days of purchase for a refund of the purchase price.
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 the accompanying materials supplied with this Agreement. Inductel reserves the right to make changes in future versions of the software and the accompanying materials without incurring any obligation to the Purchaser.
II. COPYING AND USE
A Purchaser may make archival copies of this 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 on a single computer, 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 three or more computers 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 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.
C. Any and all transfers of the software and license must comply with Article II herein, COPYING AND USING, and no transfer shall convey additional software license grants to either transferor or transferee.
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.
VII. RETURN OF MERCHANDISE AND REFUNDS
A. If the software is defective or does not meet your needs, Purchaser may return the software to Inductel within 90 days of date of purchase, and request a refund. After 90 days, returns will not be accepted and refunds will not be issued. You must provide us with either a written statement or an email stating the reason you wish to return the software before we issue the refund. If you bought a CD, you must uninstall the software and return the CD along with all accompanying materials including your software serial number and your sales receipt to us before we issue the refund. If you bought the download version of the software, you must uninstall the software, and notify Inductel of that fact before we issue a refund.
B. You must remove all copies of the software from your computers prior to the issue of a refund. Inductel dictionary software must be uninstalled following the instructions provided in the Inductel KAS User’s Manual, Chapter 30, “Removing the Program.” Inductel “speller only” software must be uninstalled according to the printed instruction sheet provided with the software. Prior to the refund being issued, you must provide Inductel with your software serial number and product ID. Please contact Inductel if you need assistance. This refund policy applies to both single and multiple user software licenses. If you need assistance, please contact Inductel at (408) 866-8016, 9AM to 5PM Pacific Time. Or email us at
info.inductel@gmail.com.
VIII. RESALE
Purchaser shall not resell, bundle, or otherwise distribute this software without first having received express written permission from Inductel.
IX. LOSS OR DESTRUCTION
If Purchaser’s copy of this software is lost, damaged, or destroyed within the first 365 days following purchase, Inductel may at its option replace the software at no charge to Purchaser. If Purchaser’s copy of this software is lost, damaged, or destroyed after the first 365 following purchase, Inductel may at its option replace the software for the price of an update.
Home
|