1. USER NOTICE
Please read this End User Software License Agreement (“License Agreement”) carefully before using your Amatis product. By installing and registering an Amatis device you hereby agree with the terms of this License Agreement. If you do not agree with the terms of this License Agreement, do not use the Amatis Product and Amatis Software.
The terms of this License Agreement are applicable to anyone who uses Amatis Controls Software and Firmware included in a product purchased from Amatis and/or Amatis partners. This license does not permit the use of the Amatis Software in any other product. Amatis Controls reserves the right to take legal action against anyone else using, selling or distributing the software. By using the Amatis Product and Amatis Software, you agree to the terms of this License Agreement.
Amatis Controls grants a single, non-sublicensable, non-exclusive, non-transferable license to use the Amatis Software solely as part of products obtained from Amatis and/or any Amatis partner for which applicable fees have been paid. Except for the limited license rights expressly granted in this License Agreement, Amatis Controls reserves all rights in and to the Amatis Software and any modifications or copies thereto.
4. GENERAL RESTRICTIONS
In exchange for the license, you agree not to: decompile, disassemble, or reverse engineer the Amatis Software; alter, modify or create any derivative works based on the Amatis Software; use, copy, sell, sublicense, lease, rent, loan, assign, convey or otherwise transfer the Amatis Software except as expressly authorized in writing by Amatis Controls; distribute, disclose, or allow use of the Amatis Software, in any format, through any timesharing service, service bureau, network or by any other means; allow any service provider or other third party, with the exception of Amatis Controls authorized resellers, distributors, and their designated employees who are acting solely on behalf of and for the benefit of the end user, to use or execute any software commands that cause the Amatis Software to perform functions that facilitate the maintenance or repair of any product.
5. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMATIS CONTROLS PROVIDES THE AMATIS SOFTWARE “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. AMATIS CONTROLS HEREBY DISCLAIMS WITH RESPECT TO THE AMATIS SOFTWARE ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) WARRANTIES OR CONDITIONS OF OR RELATED TO: NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUS, ACCURACY, OR COMPLETENESS OF RESPONSE.
If you breach the license limitations or restrictions in this License Agreement, Amatis Controls may, with immediate effect, terminate the software licenses granted in this License Agreement without prejudice to any available rights and remedies. Upon termination or expiration of the license for any reason, you shall immediately return the Amatis Software and any copies to Amatis Controls, or, at Amatis Controls’ discretion, you shall permanently destroy all copies of the Amatis Software and any related materials in your possession or control. Inadvertent copies of the Amatis Software and any related materials remaining in the possession of the End User subsequent to termination or expiration shall not be implied or construed as Amatis Controls consenting to transfer ownership of the software and any related materials to the End User.
7. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL AMATIS CONTROLS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE AMATIS SOFTWARE, EVEN IF AMATIS CONTROLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Amatis Controls will have the right to inspect your compliance with these License Agreement terms.
9. GOVERNMENT END USERS
The Amatis Software is classified as “commercial computer software” and the Documentation is classified as “commercial software documentation” or “commercial items.” Any use, modification, reproduction, release, performance, display or disclosure of the Amatis Software or Documentation shall be governed solely by the terms of this License Agreement and shall be prohibited except to the extent expressly permitted.
10. APPLICABLE LAWS
This License Agreement will be governed by and construed in accordance with the laws of the United States. Severability in the event that any part or parts of this agreement shall be held illegal or null and void by any court or administrative body of competent jurisdiction, such determination shall not affect the remaining parts of this agreement, and they shall remain in full force and effect as if such part or parts deter- mined illegal or void had not been included.