User's Manual

LibreStream n_sight MCD2000 User Manual
38
environmental parameters set forth in
the applicable Product specification;
or (iv) used with any software,
hardware or third party equipment not
approved by LibreStream, nor shall
the above warranty provisions apply
to any expendable or consumable
items, such as batteries, supplied
with the Product.
Software: Any LibreStream software
enclosed or embedded in the
hardware Product is warranted in
accordance with, and is otherwise
subject to, the provisions of the
LibreStream End User License
Agreement that is applicable to that
LibreStream software.
EXCEPT FOR THE WARRANTY OF
TITLE AND THE EXPRESS
WARRANTIES STATED ABOVE,
LIBRESTREAM DISCLAIMS ALL OTHER
WARRANTIES OF ANY NATURE OR
KIND WHATSOVER ON HARDWARE
PRODUCTS FURNISHED HEREUNDER,
INCLUDING ALL IMPLIED WARRANTIES
OR CONDITIONS OF
MERCHANTABILITY AND FITNESS FOR
A PARTICULAR USE. THE REMEDY SET
FORTH IN THIS LIMITED WARRANTY
AGREEMENT IS THE BUYER'S SOLE
AND EXCLUSIVE REMEDY FOR
WARRANTY CLAIMS, AND IS
EXPRESSLY IN LIEU OF ALL OTHER
REMEDIES THAT MAY BE AVAILABLE
TO BUYER AT LAW OR IN EQUITY.
13. End User License
Agreement
IMPORTANT – PLEASE READ THIS
AGREEMENT CAREFULLY.
LIBRESTREAM IS WILLING TO
LICENSE THE SOFTWARE TO
LICENSEES AND ALLOW LICENSEES
TO USE THE SOFTWARE AND
LIBRESTREAM PRODUCTS ONLY
UPON THE CONDITION THAT EACH
LICENSEE ACCEPTS AND AGREES TO
BE BOUND BY ALL OF THE TERMS
AND CONDITIONS CONTAINED IN
THIS AGREEMENT.
FOR ALL INTENTS AND PURPOSES,
EACH PERSON WHO DOWNLOADS
OR INSTALLS ANY SOFTWARE, OR
WHO USES ANY OF THE SOFTWARE
OR ANY LIBRESTREAM PRODUCT, IS
DEEMED TO BE A LICENSEE, WITH
SUCH DOWNLOADING,
INSTALLATION AND/OR USE
CONSTITUTING IMMEDIATE AND
AUTOMATIC ACCEPTANCE OF ALL OF
THE TERMS AND CONDITIONS
CONTAINED IN THIS AGREEMENT,
WHICH WILL BE BINDING ON, AND
ENFORCEABLE AGAINST, THAT
LICENSEE.
IF ANY POTENTIAL LICENSEE DOES
NOT AGREE TO ALL OF THESE
TERMS AND CONDITIONS, THEN
LIBRESTREAM IS NOT WILLING TO
LICENSE ANY OF THE SOFTWARE TO
THAT LICENSEE OR TO ALLOW THAT
LICENSEE TO USE ANY OF THE
SOFTWARE OR ANY LIBRESTREAM
PRODUCT. IN SUCH A CASE:
(a) DO NOT DOWNLOAD, INSTALL
OR USE ANY SOFTWARE, AND
(b) IF YOU HAVE ALREADY
ACQUIRED THE SOFTWARE, RETURN
THE SOFTWARE FOR A FULL REFUND
OR, IF THE SOFTWARE IS SUPPLIED
AS PART OF A LIBRESTREAM
PRODUCT, RETURN THAT
LIBRESTREAM PRODUCT FOR A FULL
REFUND.
1. DEFINITIONS.
1.1 “Agreement” means this End
User License Agreement, including
any Schedule attached hereto.
1.2 “Computer” means any electronic
device that accepts information in
digital or similar form and
manipulates it for a specific result
based on a sequence of instructions.
1.3 “Confidential Information” means
(a) the Software and any portions,
components or sub-files thereof; (b)
the structure, sequence, internal
design and organization of the
Software and the concepts, methods
of operations and ideas disclosed
therein, together with all associated
interface information; (c) any trade
secrets relating to the Software
and/or any LibreStream Product; (d)
any tangible items marked
"confidential" or with a similar
designation by LibreStream or any of
its distributors or other
representatives or by any Third Party
Licensor, and/or any information
disclosed visually or verbally and
identified by LibreStream or any such
distributor or other representative as
confidential at the time of disclosure;
and (e) the terms and conditions of
this Agreement.
1.4 “Intellectual Property” means any
patents, patent rights, trademarks,
service marks, registered designs,
topography and semiconductor mask
work rights, applications for any of
the foregoing, copyrights, know-how,
unregistered design rights, trade
secrets and any other similar
protected rights in any country.
1.5 “LibreStream” means
LibreStream Technologies Inc.
1.6 “LibreStream Product” means
any product developed by or for
LibreStream that incorporates any of
the Software in any manner
whatsoever.
1.7 “LibreStream Software” means
any software that is proprietary to
LibreStream and that is not Third
Party Software, and includes in
particular the LibreStream software
identified in Schedule A hereto.
1.8 “Licensee” means, collectively,
each and every person who
downloads, installs and/or uses any
of the Software and/or any
LibreStream Product.
1.9 “party” means each of Licensee
and LibreStream, and “parties”
means both the Licensee and
LibreStream.
1.10 “person” includes an individual,
a sole proprietor, a partnership, a
corporation, a trust, a syndicate, a
joint venture and any other business
or legal entity of any nature or kind
whatsoever.