Locus License Agreement
When you install and/or use Harris Tech Locus (referenced below as the “software”), you agree to be bound by and to comply with all terms of the following Harris Tech license, further referred to herein as the Harris Tech End User License Agreement (“EULA”).
- HARRIS TECH END USER LICENSE AGREEMENT
IMPORTANT: PLEASE READ ALL OF THE TERMS AND CONDITIONS OF THIS EULA CAREFULLY BEFORE USING THE SOFTWARE. HARRIS TECHNOLOGIES, INC., (REFERENCED BELOW AS "HARRIS TECH", THE "LICENSOR" OR "US") AGREES TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, COMPANY, OR LEGAL ENTITY (REFERENCED BELOW AS "YOU" OR "YOUR") THAT WILL BE UTILIZING THE SOFTWARE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS EULA. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND HARRIS TECH. BY OPENING THIS PACKAGE, BREAKING THE SEAL, LOADING THE SOFTWARE, CLICKING ON THE "I AGREE" BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK ON THE "CANCEL" BUTTON, OR OTHERWISE INDICATE REFUSAL. SHOULD YOU DO SO, YOU MUST NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.
Harris Tech licenses the use of the program in this Software package to you in accordance with this EULA. You assume responsibility for the installation, use, and results obtained from the Software.
- FREE EVALUATION PERIOD
You have up to 12 runs ("Evaluation Period") of the Software during not more than 30 days to determine whether it meets your needs and performs to your satisfaction. The Evaluation Period begins when the program is first run and it ends after the 12th run or after 30 days have elapsed since the first run (whichever occurs first). After the Evaluation Period ends you agree to either purchase the Software or discontinue using the Software. This "try before you buy" approach is intended to guarantee that the Software will perform to your satisfaction; therefore, you understand and agree that refunds will not be given for any purchase of the Software. ONCE MADE, ALL PURCHASES OF THE SOFTWARE ARE FINAL AND NON-REFUNDABLE.
- YOU UNDERSTAND AND AGREE THAT YOU MAY:
- Install and use the Software on a maximum of three (3) computers (for example, home, laptop, and office—any machine operating a computer processor shall be considered a “computer” for purposes of this EULA) used exclusively by you as an individual, or on a single workstation used non-simultaneously by multiple people, BUT NOT BOTH. This is not a concurrent use license;
- Copy the Software into any machine-readable form for backup purposes only. This is the only reason this Software may be copied or duplicated for any reason whatsoever by You;
- Publish the results of running the software, provided you include a clear reference to Harris Tech and its website, www.ht-locus.com, in close proximity to the test results. Web pages must include a link to www.ht-locus.com. An example of a simple HTML link is, "These are the results of running <A HREF=http://www.ht-locus.com>Harris Tech Locus: www.ht-locus.com</A>." For further information regarding the Harris Tech or Locus names and trademarked information, please contact Harris Tech directly.
- YOU UNDERSTAND AND AGREE THAT YOU MAY NOT AND WILL NOT:
- Rent, lease, give or loan any copy of the Software to any other person or entity;
- Use the Software on more than one computer during the same time;
- Reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software;
- Disable any licensing or control features of the Software, except as an intended part of the Software's programming features;
- Use the Software, any Harris Tech product name(s), corporate name, results, or other copyrighted material in a way that would indicate Harris Tech sponsorship, affiliation, or endorsement of Your product, unless You have explicit written permission from Harris Tech;
- Use, copy, modify, or transfer the Software or any copy, in whole or in part, except as expressly provided for in this EULA. IF YOU TRANSFER POSSESSION OF ANY COPY OF THE SOFTWARE TO ANOTHER PARTY, YOUR LICENSE IS AUTOMATICALLY TERMINATED.
- YOU UNDERSTAND AND AGREE THAT YOU MAY:
- LICENSE FOR UPDATES
Purchase of the Software entitles you to royalty-free maintenance updates ("updates"), as they become available for download, for one year from the date of purchase. Updates must be used in the same installation(s) as the original licensed version. All updates to the Software shall be governed by the current version of this EULA at the time of your download of the update. Payment of the License Fee shall not entitle you to major upgrades (for example, from version 1.x to 2.x) which requires the purchase of new Software from Harris Tech pursuant to its then current pricing and conditions.
- TECHNICAL SUPPORT
Technical support is provided for the Software for one year via email. Technical support is not available via telephone.
The license is effective until terminated. You may terminate it at any other time by destroying the Software together with all copies, modifications and merged portions in any form. It will also terminate upon conditions set forth elsewhere in this EULA or if You fail to comply with any term or condition of this EULA. You agree upon such termination to destroy the Software together with all copies, modifications and merged portions in any form.
- NO WARRANTY
The Software is being delivered to you "AS IS" and the Licensor and its affiliates make no warranty as to its use or performance. THE LICENSOR AND ITS AFFILIATES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. THE LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE OF THE SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE.
- LIMITATIONS OF REMEDIES; INDEMNIFICATION
- Harris Tech's entire liability and Your exclusive remedy for any claim against Harris Tech shall be the replacement of a disk that is found to be defective within the first 90 days from the date of purchase if the Software was provided on disk media or, at Harris Tech's sole option and in Harris Tech’s sole and absolute discretion, the refund of the purchase price of the software when purchased on disk media. In order to obtain this remedy, you must return the defective disk to Harris Tech with a copy of your dated receipt, and with an explanation as to why a refund is desired. Harris Tech will then make a decision as to the validity of Your request.
- TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, IN NO EVENT WILL HARRIS TECH, ITS AFFILIATES, OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, MISUSE, OR INABILITY TO USE SUCH SOFTWARE, EVEN IF HARRIS TECH OR ANY HARRIS TECH REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, OR COSTS, OR FOR ANY CLAIM BY ANY OTHER PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.
- You agree to indemnify and hold the Licensor, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use or misuse of the Software, or the infringement by you, of any intellectual property or other right of any person or entity. In the event of any liability on the part of Licensor based upon your gross negligence or purposeful breach of this EULA, You agree to pay to Licensor any and all amounts incurred by Licensor from said action.
- U.S. GOVERNMENT RESTRICTED RIGHTS
The program and documentation sold with the Software package are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19 and in paragraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at 48 C.F.R. Section 252.227-7013.
The contractor/manufacturer is Harris Tech, www.ht-locus.com, P.O. Box 530, Saint Joseph, Michigan 49085-0530, USA.
- EXPORT RESTRICTIONS
You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the laws of the United States or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as an export controlled item under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
This Agreement will be governed by the laws of the state of Michigan.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN HARRIS TECH AND YOU WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN HARRIS TECH AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
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