IMPORTANT: This agreement (the Agreement) is a legal agreement between you and Diffraction Limited for this software product, including the software and associated media and printed documentation (the Product). By installing, copying, or otherwise using the Product, you agree to be bound by the terms of this Agreement. If you do not agree to be bound by the terms of this Agreement, immediately return the unused Product to the vendor for a refund.
This Product is licensed, not sold. The Product is the property of Diffraction Limited or its licensers and is protected by copyright law. This Agreement grants you the following rights:
1. You may install the Product on up to two computers; however, you may only use it on one computer at a time;
2. You may make one copy of the Product for archival purposes;
3. You may use the Product on a network provided that you have a licensed copy of the Product for each computer that can access the Product over that network;
4. You may permanently transfer the Product and all of your rights under this license on a permanent basis to another person or entity, provided that you retain no copies of the Product, that you transfer all of the product including any components, updates, media, and manuals, that you provide Diffraction Limited with the name, company, and address of the person to whom you are transferring the rights granted herein, and the recipient agrees in writing to all terms of this Agreement. Please note that technical support and upgrades are available only to the original customer.
You may not:
1. Sublicense, share, rent or lease all or any portion of the Product;
2. Reverse engineer, decompile, disassemble, modify, translate, or create derivative works from the Product;
3. Use a previous version of the Product if you have received a replacement disk set or upgrade version as a replacement for the previous version.
4. Use your license on two or more computers simultaneously.
For clarity, the above rules permit you to install the Product on two computers for the purpose of supporting both imaging and image processing operations, which are often performed on different computers. You are not permitted to use the same license on two computers simultaneously. If you are operating two separate imaging systems simultaneously you must have a separate license for each system.
If you fail to comply with the terms of this Agreement, Diffraction Limited may terminate the Agreement at its discretion. Upon termination, you must return or destroy all copies of the Product including all of its component parts. This does not restrict the rights of Diffraction Limited to other remedies.
This Agreement is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably agrees to the jurisdiction of the courts of the Province of Ontario.
Diffraction Limited warranties that the media upon which the Product is distributed will be free of defects for a period of thirty (30) days from the date the Product is delivered to you. In the event of a breach of this warranty Diffraction Limited will, at the discretion of Diffraction Limited, either replace the defective media or accept the return of the Product accompanied by proof of purchase for a refund. Diffraction Limited does not warrant that the software in this Product will be defect-free or meet your requirements.
THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON-INFRINGEMENT. This warranty gives you specific rights. You may have other rights that vary from jurisdiction to jurisdiction.
IN NO EVENT SHALL DIFFRACTION LIMITED BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS PRODUCT EVEN IF DIFFRACTION LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO CASE SHALL DIFFRACTION LIMITED'S LIABILITY EXCEED THE PURCHASE PRICE FOR THE PRODUCT.
Should you wish to contact Diffraction Limited, you may do so at 59 Grenfell Crescent, Unit B, Ottawa, Ontario, K2G 0G3, Canada; telephone (613) 225-2732, fax (613) 225-9688. http://www.diffractionlimited.com