END-USER LICENSE AGREEMENT FOR TMSI Ltd. -- panta rhei
IMPORTANT-READ CAREFULLY: This License Agreement ("LA") is a legal agreement between you (either an individual or a single entity) and TMSI Ltd. for the software product identified above, which includes computer software and associated media and may include printed materials and "online" or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this licence agreement. If you do not agree to the terms of this licence agreement, promptly return the unused SOFTWARE PRODUCT to the place from which you obtained it for a full refund.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright licence agreements and international copyright treaties, as well as other intellectual property licence agreements and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE
This licence agreement grants you the following rights:
Console Software - You may install and use unlimited copies of the SOFTWARE PRODUCT on any number of workstations you purchased the product for accessing the same inventory database; you are allowed to process the number of scanned workstation data limited by the licence acquired.
Scanner Software - You are entitled to run the scanner and collect software and hardware related data on the number of workstations you purchased the licence for.
Network Storage/Use - You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the SOFTWARE PRODUCT is installed or run from the storage device.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering, Decompilation, and Disassembly - You
may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT,
except and only to the extent that such activity is expressly permitted by
applicable licence agreement not withstanding this limitation.
Separation of Components - The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use with other third-party products.
Rental - You may not rent or lease the SOFTWARE PRODUCT.
Software Transfer - You may permanently transfer all of your rights under this licence agreement, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades and this licence agreement), and the recipient agrees to the terms of this licence agreement. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
Termination - Without prejudice to any other rights, TMSI Ltd. may terminate this licence agreement if you fail to comply with the terms and conditions of this licence agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3. UPGRADES
If the SOFTWARE PRODUCT is an upgrade from another product, whether from TMSI Ltd. or another supplier, you may use or transfer the SOFTWARE PRODUCT only in conjunction with that upgraded product, unless you destroy the upgraded product. If the SOFTWARE PRODUCT is an upgrade of a TMSI Ltd. product, you now may use that upgraded product only in accordance with this licence agreement. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
4. COPYRIGHT
All title and copyrights in and to the SOFTWARE PRODUCT (including but not
limited to any images, photographs, animations, video, audio, music, text,
and "applets," incorporated into the SOFTWARE PRODUCT), the accompanying
printed materials, and any copies of the SOFTWARE PRODUCT, are owned by
TMSI Ltd. or its suppliers. The SOFTWARE PRODUCT is protected by copyright licence agreements and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes, or (b) install the SOFTWARE PRODUCT on a single computer
provided you keep the original solely for backup or archival purposes. You
may not copy the printed materials accompanying the SOFTWARE PRODUCT.
5. DUAL-MEDIA SOFTWARE
You may receive the SOFTWARE PRODUCT in more than one medium. Regardless
of the type or size of medium you receive, you may use only one medium that
is appropriate for your single computer. You may not use or install the
other medium on another computer. You may not loan, rent, lease, or
otherwise transfer the other medium to another user, except as part of the
permanent transfer (as provided above) of the SOFTWARE PRODUCT.
The manufacturer is:
TMSI Ltd.
Naspolya u. 23.
Budapest, Hungary, 1155
www.tmsi.hu
MISCELLANEOUS
If this product was acquired outside Hungary, then a local licence agreement may apply.
Should you have any questions concerning this licence agreement, or if you desire to contact TMSI Ltd. for any reason, please contact the TMSI Ltd. partner serving your country, or write to:
TMSI Ltd.
Naspolya u. 23.
Budapest, Hungary, 1155
Sales: sales@tmsi.hu
Support: support@tmsi.hu
WWW: http://www.tmsi.hu
LIMITED WARRANTY
TMSI Ltd. warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any hardware
accompanying the SOFTWARE PRODUCT will be free from defects in materials
and workmanship under normal use and service for a period of one (1) year
from the date of receipt. Some countries and jurisdictions do not allow
limitations on duration of an implied warranty, so the above limitation may
not apply to you. To the extent allowed by applicable licence agreement, implied
warranties on the SOFTWARE PRODUCT and hardware, if any, are limited to
ninety (90) days and one year, respectively.
CUSTOMER REMEDIES
TMSI Ltd.'s and its suppliers' entire liability and your exclusive remedy shall be, at TMSI Ltd.'s option, either (a) return of the price paid, or
(b) repair or replacement of the SOFTWARE PRODUCT that does not
meet the features described in TMSI Ltd.'s panta rhei manuals and which is returned to TMSI Ltd. with a copy of your receipt. This limited warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside Hungary, neither these remedies nor any product support services offered by TMSI Ltd. are available without proof of purchase from an authorized international source.
NO OTHER WARRANTIES
To the maximum extent permitted by applicable licence agreement, TMSI Ltd. and its suppliers disclaim all other warrantees, either express or implied, including, but not limited to, implied warrantees of merchantability and
fitness for a particular purpose, with regard to the software product, and
any accompanying hardware. This limited warranty gives you specific legal
rights. You may have others, which vary from country to country.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable licence agreement, in no event shall
TMSI Ltd. or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without
limitation, damages for loss of business profits, business interruption,
loss of business information, or any other pecuniary loss) arising out of
the use of or inability to use the software product, even if TMSI Ltd. has been advised of the possibility of such damages. Because some countries and jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not apply to you.
