LICENSE AGREEMENT FOR FW Murphy SOFTWARE – Read Carefully: This FW Murphy Software License Agreement (“SLA”) is a legal agreement between you (either as a corporation or a single entity) and FW Murphy for the FW Murphy software down loaded from this web site, which includes computer software, protocol and may include associated media, printed materials, and “online” or electronic documentation (“SOFTWARE”). By exercising your rights to make and use copies of the SOFTWARE, you agree to be bound by the terms of this SLA. If you do not agree to the terms of this SLA, you may not down load or use the SOFTWARE.
SOFTWARE LICENSE
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
1. GRANT OF LICENSE. Provided that you have accepted these terms contained herein by clicking the “I ACCEPT” button at the end of this Agreement, this SLA grants you the following rights:
(a) Installation and Use: You may install and use an unlimited number of copies of the SOFTWARE without the payment of any royalty fee.
(b) Reproduction and Distribution: You may reproduce and distribute an unlimited number of copies of the SOFTWARE, provided that each copy shall be a true and complete copy, including all copyright and trademark notices, and shall be accompanied by a copy of this SLA. Copies of the SOFTWARE may be distributed as a stand alone product or included with your own product.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Limitations on Reverse Engineering, Dissimilation, and Disassembly: You may not reverse engineer, dissimilate, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation or if you obtain permission from FW Murphy.
(b) Separation of Component: The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer.
(c) Software Transfer: You may permanently transfer all of your rights under this SLA, provided the recipient agrees to the terms of this SLA.
(d) Termination: Without prejudice to any other rights, FW Murphy may terminate this SLA if you fail to comply with the terms and conditions of this SLA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.
3. COPYRIGHT. All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by FW Murphy or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material.
4. LIMITED WARRANTY NO WARRANTIES. FW Murphy expressly disclaims any warranty for the SOFTWARE. The SOFTWARE and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or infringement. The entire risk arising out of use or performance of the SOFTWARE remains with you. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall FW Murphy or its suppliers be liable for any damages whatsoever (including, without limitation, damage to equipment, malfunction of equipment, 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 this FW Murphy product, even if FW Murphy has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
5. MISCELLANEOUS If you acquired this product in the United States, this SLA is governed by the laws of the State of Oklahoma. If you acquired this product outside the United States, then local laws may apply.
Note: Using this software can change the protective parameters of a piece of equipment. It is the sole responsibility of the user to test and verify the protective system when any changes are made.
If you agree to the terms of the above license, please check the “I ACCEPT” checkbox below or if you have questions concerning the terms of license please contact: FW Murphy, 5757 Farinon Drive, San Antonio, TX 78249 USA; Telephone Number (918) 957-1000 or email info@fwmurphy.com.