License & Warranty Policy
|Grant of License:||ScadaTEC, INC. hereby grants the purchaser a license to use the RUNTIME portion of this software on one computer, continuously. Your right to use the Licensed Software terminates upon the violation of any provision of this License. If any provision of this License shall be held to be unenforceable, such holding shall not affect the enforceability of any other provisions of this License.|
|Ownership:||Customer agrees that he/she does not have any title or ownership of the software, other than ownership of the physical media. Customer acknowledges and agrees that the software is copyrighted and protected under the copyright laws.|
|Transfer of Rights:||Customer may transfer rights in the software to a third party by getting an agreement from the third party that they will be bound by the terms of this License Agreement, and notifying ScadaTEC of the transfer. When such a transfer occurs, Customer agrees that his/her rights in the software are terminated and that he/she will either destroy his/her copies or deliver them to the third party.|
ScadaTEC may terminate this software license for failure to comply with any of these terms provided ScadaTEC has requested Customer to cure the failure and Customer has failed to do so within thirty (30) days of such notice.
|Proprietary Rights:||You agree to take all steps necessary to ensure that the provisions of this License are not violated by you or by any person under your control or in your service, and you shall cause or permit no such person to disassemble, reverse compile or tamper with the Licensed Software. All copyright, patent, trade secret, trademark and other intellectual property and proprietary rights in the Licensed Software are and shall remain the valuable property of ScadaTEC, Inc - a Reno Nevada corporation.|
|Authorization Code:||ScadaTEC will issue you an Authorization Code that allows full use of the software based on a computer key (a 6 character code generated by the ScadaTEC software) furnished to us. The Authorization Code allows you to run this software continuously on one computer. Without an Authorization Code, the software will only run for a limited amount of time. It then has to be restarted. You have the right to transfer the license to another computer using the "Transfer Authorization Code" procedure built into the software.|
|Use of Multiple copies||This software may be duplicated as many times as needed. It does not require a separate license or authorization to run in the DEVELOPMENT mode or the RUNTIME mode for a limited amount of time.|
|Lost Authorization Code:||If the authorization code is lost due to a hard disk crash or other fatal computer problem, please contact ScadaTEC technical support for a replacement. You will need to provide the date that the original key was purchased, the name of the company the key was purchased through, and the current software version number. Technical support may ask additional questions to verify previous ownership and that the software is being used on only one PC.|
|Limited Warranty:||ScadaTEC warrants the media on which the Licensed Software is provided to be free from defects in materials and workmanship for one (1) year after delivery. Defective media may be returned for replacement without charge during the one (1) year warranty period unless the media have been damaged by accident or misuse. ScadaTEC warrants, for one (1) year after purchase, that the unaltered Licensed Software conforms to the documentation and is without material defects.|
|Disclaimer & Limitation of Liability:||Due to the complex nature of computer software, ScadaTEC does not warrant that the Licensed Software is completely error-free, will operate without interruption or is compatible with all equipment or software configurations. Repair, replacement or refund (at the option of ScadaTEC) is the exclusive remedy if there is a defect. ScadaTEC MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED SOFTWARE, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL ScadaTEC BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF INCOME, USE, OR INFORMATION, NOR SHALL THE LIABILITY OF ScadaTEC EXCEED THE AMOUNT PAID FOR THE LICENSED SOFTWARE. Some states do not allow the exclusion or limitation of incidental or consequential damages or limitations on how long an implied warranty lasts, so the above limitation or exclusion may not apply to you. These warranties give you specific legal rights; you may have other rights which vary from state to state.|
This License shall be governed by and interpreted in accordance with the laws of the State of Nevada, U.S.A.
|Integration:||This License constitutes the entire agreement between ScadaTEC and you and supersedes any prior agreement.|
|Registration & Updates:||As part of your original purchase, you are entitled to updates for one year from the date of purchase. Extension of the warranty and upgrade privileges is available for an annual maintenance fee. The current maintenance fee is $200 US, payable in advance, but may be changed without notice. ScadaTEC will notify you near the end of the current warranty period by renewal invoice.|