OMEGA 7.0 Getting started Page 4
SOFTWARE LICENSE AGREEMENT
This is an agreement between you, the end user, and Gerber Technology, LLC. and its suppliers ("GT"). By opening the sealed software package or
using the GT Software, you are agreeing to be bound by the terms of this agreement.
If you do not agree to the terms of this Agreement, promptly return all copies of the software, the media (USB drive, DVD, CD-ROM, jump drive,
floppy diskettes, etc.) package, and all accompanying materials (including any GT security device), to the GT-authorized distributor where you
obtained them for a full refund of the price of the GT software.
Otherwise, YOU AGREE TO THE FOLLOWING:
Grant of License to you by GT You May:
1. Use the GT Software on a single computer (with a single terminal) at a single location together with the applicable GT security device(s).
2. Make a single additional copy of the GT Software for archival or backup purposes to be stored in a secure environment.
3. Transfer the GT Software to another party, provided that: (a) this Agreement, all copies of any and all versions of the GT Software,
accompanying materials, and any applicable security device(s) are transferred together to the same recipient; and, (b) the recipient agrees
to the terms of this Agreement. (If you are leasing any GT equipment utilizing the GT Software, please refer to your lease agreement for
any prohibitions on transfer).
License Restrictions. You may NOT:
1. Use the backup copy for any purpose except for reinstalling the GT Software on your computer in the event of a computer failure.
2. Make any copies of the GT Software (in whole or in part) except for the archival or backup copies specifically authorized in the Grant
of License, above.
3. Decompile, reverse assemble, reverse engineer, or make any other attempt to decipher the GT Software or any applicable GT
security device(s) or otherwise determine the source code of the GT Software, or assist or permit others to do any of the foregoing.
4. Develop, make, or use a functional equivalent of, or modify, the applicable security device(s), or assist or permit others to do any of the
foregoing.
5. Revise, reproduce, or distribute the GT Software documentation.
6. Retain any copies of the GT Software, including its documentation, if you transfer the GT Software to another party; or make any transfer
except as specifically authorized in the Grant of License, above.
If you violate any of the foregoing license use restrictions, your license automatically terminates and you no longer have the right to use or transfer the
GT Software. Such termination is in addition to any other civil or criminal remedies available to GT or any other companies that have an ownership in
or relating to the GT Software.
LIMITED WARRANTY - MEDIA AND SECURITY DEVICE
GT's only warranty with respect to the materials provided to you is that the media (USB drive, DVD, CD-ROM, floppy diskettes, etc.) on which the GT
Software may be contained, and any applicable GT security device, will be free of defects in material and workmanship for a period of 90 days from
the date of original purchase. GT's only obligation will be to repair or replace, at GT 's election, such media or GT security device found to be
defective. To avail yourself of the foregoing limited warranty, you must first inform GT of the defect and return the media/security device to a
GT-authorized distributor during the warranty period. The foregoing Limited Warranty is made to the end user only and does not apply to
media/security devices damaged by accident, abuse, misuse, or modification. GT DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NO WARRANTY - GT SOFTWARE
The GT Software and accompanying written materials are provided to you "AS IS." GT does not warranty that the GT Software will meet your
requirements, that the operation of the GT Software will be error free or will match the appearance and description in the written documentation, or that
the GT Software will function on your computer or will not interfere with any other program you may have on your computer. GT DISCLAIMS ANY AND
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO THE GT SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS.
NEITHER GT NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DISTRIBUTION OF THE GT SOFTWARE,
ACCOMPANYING WRITTEN MATERIAL, USB Drive, DVD, CD-ROM OR DISKETTE MEDIA, AND/OR SECURITY DEVICE WILL HAVE ANY
OBLIGATION OR LIABILITY TO ANY BUYER OR END USER OR ANY OTHER PERSON FOR LOSS OF PROFITS, LOSS OF USE, OR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGE (EVEN IF GT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) THAT
ARISE OUT OF OR ARE IN CONNECTION WITH YOUR OBTAINING OR ATTEMPTING TO USE THE SOFTWARE, WRITTEN MATERIALS, USB
Drive, DVD, CD-ROM OR DISKETTE MEDIA, AND/OR SECURITY DEVICE (including, without limitation, lost profits, downtime, goodwill, loss of use,
damage to or replacement of equipment or property, and costs of recovering, reprogramming, replacing or reproducing any program or data stored in
or used with the GT Software).
COPYRIGHT OWNERSHIP
The GT Software, accompanying written materials and applicable security device(s) are owned by GT or its suppliers, and the GT Software and
accompanying written materials are protected by United States copyright laws and international treaty provisions. In addition to the above license use
restrictions, copyright protection limits the making and use of copies of the GT Software. There may be civil and criminal penalties for copyright
violations.
U.S. GOVERNMENT RESTRICTED RIGHTS
The GT Software and accompanying written materials are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is
subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 52.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer
is Gerber Technology, LLC./24 Industrial Park Road/Tolland/CT 06084.
If any provision of this Agreement is found to be unlawful, void or unenforceable, then that provision shall be severed from this Agreement and will not
affect the enforceability of the remaining provisions. This Agreement is the entire agreement between you and GT concerning the subject matter
hereof. No GT distributor, agent or employee is authorized to modify this Agreement, and no representation shall be binding upon GT, unless it is in
writing and signed by a GT officer. This Agreement is governed by the laws of the State of Connecticut, U.S.A., without regard to principles or
applications of choice of law rules or international treaties.
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