DIVA T/A ISDN Modem Version 2 Release 2 (North America)
This Software License Agreement ("Agreement") is a legal Agreement for the conditional use of the software provided herein ("Program") between you, the end-user, and Eicon Technology Corporation ("Eicon"). By downloading, copying or otherwise using the Program, you agree to be bound by the terms of the foregoing license.
EICON TECHNOLOGY CORPORATION LICENSE AGREEMENT ("AGREEMENT") FOR USE OF SOFTWARE ("PROGRAM") ON A SINGLE LOCAL AREA NETWORK SERVER AND/OR ON MULTIPLE CLIENTS OF SUCH LOCAL AREA NETWORK SERVER.
This is a legal agreement between you, the end-user, and Eicon Technology Corporation.
YOU ASSUME RESPONSIBILITY FOR THE SELECTION OF THE PROGRAM TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM THE PROGRAM.
Copyright
The Program and documentation are owned by Eicon Technology Corporation
("Eicon") and its suppliers and are protected by copyright laws and
international treaty provisions. Therefore, you must treat the Program and documentation
like any other copyrighted material except as expressly permitted in this Agreement.
License Grant
Under the terms and conditions of this Agreement you may:
make unlimited copies of the Program and documentation contained in the Program for your own internal needs for use on a single Local Area Network server and/or on any client of the such Local Area Network server solely when used in conjunction with an Eicon Technology EiconCard(s);
copy the Program into any machine readable or printed form for backup or modification purposes in support of your use on a single Local Area Network server and/or on any client of the such Local Area Network server; copying of documentation and other printed material is prohibited except as expressly provided for herein;
modify the Program and/or merge it into another program for your use as permitted in this Agreement; (any portion of this Program merged into another program will continue to be subject to the terms and conditions of this Agreement);
You must reproduce and include the copyright notice on any copy, modification or portion of the Program merged into another program.
You may not rent or lease the Program. You may not reverse engineer, decompile or disassemble the Program. You may not use, copy, modify, or transfer or sublicense the Program and documentation, or any copy, modification or merged portion, in whole or in part, except as expressly provided for in this Agreement.
If you transfer possession of any copy, modification or merged portion of the Program or documentation to another party in any way other than expressly permitted in this Agreement, your license shall be automatically terminated.
Term
The license is effective until terminated. You may terminate it at any time by destroying
the Program and documentation together with all copies, modifications and merged portions
in any form. It will also terminate upon conditions set forth elsewhere in this Agreement
or if you fail to comply with any term or condition of this Agreement. You agree upon such
termination to destroy the program and documentation together with all copies,
modifications and merged portions in any form.
Limited Warranty
Eicon offers no warranty for the installation of the Program even if it has provided
assistance to you in making such installation. This Limited Warranty is void if failure of
the Program has resulted from accident, misuse, abuse or misapplication.
Customer remedies
Eicon’s entire liability and your exclusive remedy shall be, at Eicon’s option,
either (a) return of the price paid or (b) repair or replace the Program that does not
meet the above Limited Warranty. Any replacement Program will be warranted for the
remainder of the original warranty period.
No Other Warranties
EICON DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE
WARRANTY AGAINST LATENT DEFECTS, WITH RESPECT TO THE PROGRAM AND THE ACCOMPANYING
DOCUMENTATION. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS,
WHICH MAY VARY FROM PROVINCE TO PROVINCE OR FROM STATE TO STATE.
No Liability For Consequential Damages
IN NO EVENT SHALL EICON OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
INFORMATION, OR OTHER PECUNIARY LOSS AND INDIRECT, CONSEQUENTIAL, INCIDENTAL, ECONOMIC OR
PUNITIVE DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS PROGRAM, EVEN IF
EICON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR
PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CERTAIN DAMAGES, THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Limitation of liability
EICON ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE
AMOUNT PAID BY YOU FOR THE PROGRAM.
U.S. Government Restricted Rights
The Program and documentation are provided with RESTRICTED RIGHTS. Use, duplication or
disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph
(c) (1) (ii) of The Rights in Technical Data and Computer Software clause at DFARS
252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer
Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Contractor/manufacturer is:
EICON TECHNOLOGY CORPORATION
9800 Cavendish
Montréal, Québec
H4M 2V9
By downloading, copying or otherwise using the Program, you agree to be bound by the terms of the foregoing license.
