SOFTWARE LICENSE AGREEMENT
IMPORTANT – READ CAREFULLY BEFORE USING THIS PRODUCT: The term “Software Product”
includes all copies of the Optiwave Software and its documentation. This license agreement is a legal agreement
between you (either an individual or entity) (“the Licensee”) and Optiwave (the “Licensor”) for the
Software Product. By installing, copying, or otherwise using the Software Product, you agree to be bound by the
terms of this license. If you do not agree to the terms of this license, promptly return the unused Software Product
for a full refund. This is a non-exclusive license, not a sale.
A. LICENSEE MAY:
• install for use one copy of the Software
Product, or in its place, any version for the
same operating system (Windows Vista, or
Windows XP), on a single computer, for use
by a single user at a time. If the Licensee
wishes to use the Software Program for
more users or run the Software Program on a
network server, the Licensee will need a
further license for each user or separate
computer on which the Software Product is
installed or run on the network server. A
license for the Software Product may not be
shared or used concurrently on different
computers.
• make one copy of the Software Product for
archive or back-up purposes.
B. LICENSEE MAY NOT:
• use the Software Product or make copies of
it except as permitted in this license;
• transfer the Software Product;
• publish, translate, create derivative products
based on the programming code or any
portion thereof, reverse engineer, decompile
or disassemble the Software Product, except
to the extent the foregoing restriction is
expressly prohibited by applicable law;
• reveal confidential information, data,
drawings, specifications, documentation,
software listings, source or object code
which the Licensor may have imparted and
may from time to time impart to the
Licensee relating to the Software Product;
• assign, distribute, modify, merge all or any
part of the Software Product into another
program or product, enhance, copy, sell,
lease, license, sub-license, export or re-
export, grant other rights in or otherwise
deal with the Software Product itself or
through any subsidiary, agent or third party;
• transmit the Software Product over a
network or intranet, by telephone, or
electronically or provide use of the Software
or any portion thereof in a time sharing,
interactive cable television, multiple CPU
service bureau or any public computer-based
information system or public electronic
bulletin board, including without limitation
the Internet and World Wide Web.
C. LICENSEE UNDERTAKES:
• to maintain accurate and up-to-date records of
the number and location of all copies of the
Software Product;
• to supervise and control use of the Software
Product in accordance with the terms of this
license;
• to reproduce and include the Licensor’s
copyright notice on all and any authorized
copies, whether in whole or in part;
• not to provide the Software Product in any form
to any person other than the Licensee’s
employees without prior written consent of the
Licensor;
• within fourteen (14) days after the termination or
discontinuance of this license to return or destroy
(as the Licensor shall instruct) the Software
Product and all copies;
• to keep confidential and use its best efforts to
prevent and protect the contents of the Software
Product from unauthorized disclosure or use.
D. LIMITATION OF WARRANTIES AND
LIABILITY
• Licensor warrants that for 90 days from the
date of shipment the storage medium on
which the Software Product is contained will
be free from defects in materials and
workmanship. If such defect occurs the
Licensee may return the Software Product to
the Licensor with a description of the
problem and the defective storage media
will be replaced for free or at Licensor’s
option the Licensee will receive a full
refund. This remedy is the Licensee’s
exclusive remedy for breach of this
warranty.
• OTHER THAN THE ABOVE-NOTED
WARRANTY, THE SOFTWARE
PRODUCT AND ACCOMPANYING
WRITTEN MATERIALS (INCLUDING
INSTRUCTIONS FOR USE) ARE
PROVIDED “AS IS” WITHOUT ANY
ADDITIONAL WARRANTY OF ANY
KIND, INCLUDING, BUT NOT
LIMITED TO, ANY WARRANTIES OF
MERCHANTABLE QUALITY,
MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OR
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