Clear-Com
Eclipse Logic Maestro Instruction Manual
i
Clear-Com
SOFTWARE LICENSE
IMPORTANT: CAREFULLY READ THE FOLLOWING BEFORE
USING THIS SOFTWARE. USING THE SOFTWARE INDICATES
YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THE
FOLLOWING AND AGREE TO ITS TERMS.
IF YOU DO NOT AGREE, RETURN THE SOFTWARE COMPLETE
TO CLEAR-COM OR CANCEL THE INSTALLATION.
THIS IS YOUR PROOF THAT YOU HAVE A VALID LICENSE.
PLEASE TREAT IT AS VALUABLE PROPERTY.
HME CLEAR-COM LIMITED OR CLEAR-COM LLC, as the case
may be (hereinafter referred to as “Clear-Com”), offers you this
storage media containing a computer program and files (the
“SOFTWARE”) and offers to grant to you a non-exclusive and
non-transferable License to use the Software on the following
terms. Any new revision or update of the Software provided by
Clear-Com to Customer under this License shall be governed by
the terms and conditions of this License.
1. APPLICATION
a. These terms supersede all prior agreements representations
and understandings between you the Customer and Clear-Com
and their authorised representatives relating to the subject matter
hereof (i.e., the Software) but shall otherwise be subject to
Clear-Com Terms and Conditions, as amended from time to time.
For the avoidance of doubt,
in the event of conflict, these terms
shall prevail.
b. No variation to these terms, nor any other terms or conditions
proposed by you, shall be of any effect unless recorded in a written
document signed by Clear-Com. You confirm that any statement
made to the contrary by you or on your behalf shall not apply to this
License.
c. You confirm that you are not relying on any statement made by
or on behalf of Clear-Com, other than
statements recorded in a
written document signed by Clear-Com.
d. Clear-Com and its licensors reserve all rights not expressly
granted to you. Clear-Com's licensors are intended third party
beneficiaries of this Agreement and have the express right to rely
upon and directly enforce the terms set forth herein.
e. You agree that the Software belongs to Clear-Com and its
licensors. You agree that you neither own nor hereby acquire any
claim or right of ownership to the Software or to any related
patents, copyrights, trademarks or other intellectual property.
Clear-Com
Eclipse Logic Maestro Instruction Manual
ii
Clear-Com and
its licensors retain all right, title and interest in and
to the Software and all copies thereof at all times, regardless of the
form or media in or on which the original or other copies may
subsequently exist. This license is not a sale of the original or any
subsequent copy.
2. COPYRIGHT
a. The copyright and all other rights in the Software produced by
Clear-Com shall remain with Clear-Com or its suppliers. You must
reproduce any copyright or other notice marked on the Software on
any copies that you make.
3. YOU MAY:
a. Use the Software only at a single site location. If you wish to use
the Software at more than one site you must
contact Clear-Com
and if required purchase further Licenses;
b. Make one copy of the Software for archival or back-up purposes,
and;
c. Transfer the Software to an end user of a Clear-Com product,
only if you have made it clear to Clear-Com that you are not the
end user and you assign all of your rights under this License and
make no use of the Software yourself.
4. YOU MAY NOT:
a. Use the Software or make copies of it except as permitted in this
License;
b. Publish or distribute the computer images, sound files or fonts
included with the Software as computer images,
sound files or
fonts;
c. Translate, reverse engineer, decompile or disassemble the
Software, except to the extent the foregoing restriction is expressly
prohibited by applicable law;
d. Rent, lease, assign or transfer the Software except as set out
above; or
e. Modify the Software or merge all or any part of the Software in
another program.
5. TERM:
a. This License shall continue for as long as you use the Software.
However, it will terminate if you fail to comply with any of its terms
or conditions.
You agree, upon termination, to destroy all copies of
the Software. The Limitations of Warranties and Liability set out
below shall continue in force even after any termination.
6. LIMITED WARRANTY:
a. Clear-Com warrants that the storage media in this Software will
be free from defects in materials and workmanship for 90 days
from the date you acquire it. If such a defect occurs, return it to us
at the address below and we will replace it free. This remedy is
your exclusive remedy for breach of this warranty.