User guide

Appendix C – Multi-User Software License Agreement
37
The software is furnished to the Licensee as the single site representative for execution and use on
as many workstations as that single site contains, for up to 250 users inclusively. Software and
manuals may be copied, with the inclusion of the Multi-Tech Systems, Inc., copyright notice, for use
within that single site. Additional manuals may be ordered from Multi-Tech Systems, Inc., for a
nominal charge.
This license covers only the stipulated single site. The Licensee hereby agrees not to provide, or
otherwise make available, any portion of this software in any form to any third party without the
prior express written approval of Multi-Tech Systems, Inc. Licensee is hereby informed that this
Software contains confidential, proprietary, and valuable trade secrets developed by or licensed to
Multi-Tech Systems, Inc., and agrees that sole ownership shall remain with Multi-Tech Systems,
Inc.
The Software and documentation are copyrighted. Except as provided herein, the Software and
documentation supplied under this agreement may not be copied, reproduced, published, licensed,
sub-licensed, distributed, transferred, or made available in any form, in whole or in part, to others
without expressed written permission of Multi-Tech Systems, Inc. Copies of the Software may be
made to replace worn or deteriorated copies, for archival, or back-up purposes.
Licensee agrees to implement sufficient security measures to protect Multi-Tech Systems, Inc.’s
proprietary interests, and not to allow the use, copying, or transfer by any means, other than in
accordance with this agreement.
Licensee agrees that any breach of this agreement will be damaging to Multi-Tech Systems, Inc.
LICENSEE AGREES THAT ALL WARRANTIES, IMPLIED OR OTHERWISE, WITH REGARD TO
THIS SOFTWARE, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
ANY PARTICULAR PURPOSE ARE EXPRESSLY WAIVED, AND NO LIABILITY SHALL EXTEND
TO ANY DAMAGES, INCLUDING CONSEQUENTIAL DAMAGES, WHETHER OR NOT KNOWN
TO MULTI-TECH SYSTEMS, INC. IT IS HEREBY EXPRESSLY AGREED THAT LICENSEE’S
REMEDY IS LIMITED TO REPLACEMENT OR REFUND OF THE LICENSE FEE, AT THE
OPTION OF MULTI-TECH SYSTEMS, INC., FOR DEFECTIVE DISTRIBUTION MEDIA. There is
no warranty for misused materials.
If this package contains multiple media formats (e.g., both 3.5" disk(s) and CD-ROM), they are
provided only to facilitate use at a single site. Neither this Software, nor its accompanying
documentation may be modified or translated without the written permission of Multi-Tech Systems,
Inc.
This agreement shall be governed by the laws of the State of Minnesota. The terms and conditions
of this agreement shall prevail regardless of the terms of any other submitted by the Licensee.
This agreement supersedes any proposal or prior agreement. Licensee further agrees that this
License Agreement is the complete and exclusive Statement of Agreement, and supersedes oral,
written, or any other communications between Multi-Tech Systems, Inc., and Licensee relating to
the subject matter of this agreement. This agreement is not assignable without written permission
of an authorized agent of Multi-Tech Systems, Inc.