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YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE PRODUCT. BY
INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE PRODUCT.
This SOFTWARE PRODUCT ("SOFTWARE
PRODUCT" or "SOFTWARE"), any printed materials, any online or electronic documentation, any and
all copies and derivative works of such SOFTWARE PRODUCT and materials are the copyrighted work of CEDESTA SYSTEMS,
L.L.C. ("CEDESTA"). All use of the SOFTWARE PRODUCT is governed by the terms of the End-User License
Agreement ("EULA") which is provided below. The SOFTWARE PRODUCT is solely for use by end users according
to the terms of the EULA. Any use, reproduction, or redistribution of the SOFTWARE PRODUCT not in accordance with
the terms of the EULA is expressly prohibited.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual
property laws and treaties.
END-USER LICENSE AGREEMENT
1. GRANT OF LICENSE. This EULA grants you the following rights: (a) ONE (1) copy of this software may either be
used (1) by a single person who uses the software personally on one or more computers, or (2) by multiple people
non-simultaneously on a single workstation, but not both. (b) You may access this software through a network, provided
that you are the only person who may use the software or you have obtained individual licenses for the software
covering all workstations that will access the software through the network. For instance, if eight different workstations
will access the software on the network, each workstation must have its own license, regardless of whether the
workstation access the software at different times or concurrently. (c) The software and documentation are protected
by the copyright laws of the United States and international treaty provisions. There are severe penalties, both
civil and criminal, for copyright infringement. You may not copy all or any part of the software or related documentation,
except that you may make a reasonable number of copies of the software solely for backup or archival purposes.
(d) You may receive the software and related documentation in more than one medium. Regardless of the number of
media you receive, you may use only the medium that is appropriate for the workstation on which the software is
to be installed. You may not install, use or transfer the other media, except as part of a permanent transfer of
your licensed copy of the software and related documentation as set forth below. If the software and related documentation
are provided as an upgrade, patch or update to an earlier licensed release of the software, then you must have
a valid license to operate such earlier release of the same version as the upgrade to install or use the upgrade.
All software being upgraded is deemed to be part of the software and is subject to this Agreement. You may transfer
an upgrade only in conjunction and together with the licensed software being upgraded.
2. RESTRICTIONS. (a) You must maintain all copyright notices on all copies of the SOFTWARE PRODUCT. (b) You may
not distribute copies of the SOFTWARE PRODUCT to third parties. (c) You may not reverse engineer, decompile, or
disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable
law notwithstanding this limitation. (d) You may not rent or lease the SOFTWARE PRODUCT.
3. TERMINATION. Without prejudice to any other rights, CEDESTA may terminate this EULA if you fail to comply with
the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT and any copies thereof are owned by CEDESTA.
All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE
PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual
property laws and treaties. This EULA grants you no rights to use such content.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT is provided with RESTRICTED RIGHTS. Use, duplication,
or disclosure by the 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. Manufacturer is CEDESTA SYSTEMS, L.L.C..
6. EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE PRODUCT to any country, person,
entity or end user subject to U.S.A. export restrictions. You warrant and represent that neither the U.S.A. Bureau
of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.
7. NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CEDESTA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES
AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. For purchased items, CEDESTA warrants that the physical
media and the documentation will be free from defects in materials and workmanship under normal use for 90 days
from the date of delivery to you.
8. NO LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CEDESTA OR ITS
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER
PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF CEDESTA HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY . CEDESTA'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS EULA SHALL NOT EXCEED
THE PURCHASE PRICE OF THE SOFTWARE PRODUCT.
10. ENTIRE AGREEMENT. This is the entire agreement between you and CEDESTA which supersedes any prior agreement
or understanding, whether written or oral, relating to the subject matter of this license.
11. MISCELLANEOUS. The internal laws of the State of Utah shall control this Agreement. This Agreement shall be
construed and enforced without regard to the United Nations Convention on the International Sale of Goods and will
be deemed a contract under seal.
This Agreement is the complete agreement between you and CEDESTA concerning the software and related documentation.
The failure or delay of CEDESTA to exercise any of its rights under this Agreement or upon any breach of this Agreement
shall not be deemed a waiver of those rights or of the breach.
No CEDESTA dealer, agent or employee is authorized to make any amendment to this Agreement. If any provision of
this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be
enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full
force and effect.
Should you have any questions concerning this EULA, please contact us .
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the following:
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