The AdvDCSMT1DCSS (T1) End-User License Agreement (EULA) is available below for reading, enclosed in the shipping package along with the T1 CD-ROM Jewel Case, and during the AdvDCSMT1DCSS installation on the User's PC Computer.
NOLTA SIMULATED SYSTEMS SOFTWARE
AdvDCSMT1DCSS END-USER LICENSE AGREEMENT
IMPORTANT—READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Nolta Simulated Systems Software (“NSSyssoft”) for the NSSyssoft software and documentation that accompanies this EULA, which is defined as "Software" that includes computer programs and information, associated medium (the CD-ROM), printed materials, explanatory computer files and, if any, Internet-based services. An amendment or addendum to this EULA may accompany the Software.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY OPENING OR BREAKING THE SEAL ON THE SOFTWARE MEDIA CONTAINER, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE.
IF YOU DO NOT AGREE, DO NOT BREAK THE SEAL ON OR OPEN THE SOFTWARE MEDIA CONTAINER, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN THE ENTIRE PRODUCT (ALL THE MATERIALS PROVIDED WITH THIS EULA), WITH THE SEAL ON THE MEDIA CONTAINER UNBROKEN TO THE PLACE FROM WHICH IT WAS OBTAINED IF YOU PROMPLY CONTACT NSSyssoft AND AFTER PROPER AUTHORIZATION BY NSSyssoft FOR A FULL REFUND OF YOUR PAYMENT (You are responsible for return shipping cost and risk).
NSSyssoft SINGLE USER-SINGLE COMPUTER SOFTWARE LICENSE
1. LICENSE GRANTS. NSSyssoft grants you the rights described in this EULA provided that you comply with all terms and conditions of this EULA.
NSSyssoft grants to you as an individual, a personal, nonexclusive license to use the Software only on an appropriate single computer, provided that you are the only individual using the Software and that computer.
If you are an entity, NSSyssoft grants to you a personal, nonexclusive license to use the Software only on an appropriate single computer, provided that for each individual using the Software within your organization, you have acquired a separate and valid license for each such individual and their associated appropriate single computer.
You may not make copies of any documentation or republish or distribute (either in hard copy or electronic form) copies of any documentation beyond your premises.
You may store or install a copy of the Software on a storage device. A single license for the Software may not be shared or used concurrently by multiple end users.
The Software may also contain third party software programs. Any such software is provided for your use as a convenience and your use is subject to the terms and conditions of any license agreement contained in that software.
2. PRODUCT PROTOTYPE CODE. The AdvDCSMT1DCSS Software may be identified as Product Prototype (Experimental) code (“Product Prototype Code"). Such Product Prototype Code may not be at the level of performance and compatibility of "polished", generally available general-purpose software offerings. The functionality of this code is dependent on your computer's processing and storage capabilities.
THIS PRODUCT PROTOTYPE CODE MAY NOT OPERATE CORRECTLY DUE TO PROGRAM ERROR (S), "BUG (S)", OMISSIONS, INTERRUPTIONS AND/OR COMPUTER-BASED FACTORS WITH THE POSSIBLE RESULT OF DATA LOSS.
GIVEN THE COMPLEXITY AND NATURE OF THIS PRODUCT PROTOTYPE CODE FOR ADVDCSMT1DCSS, A SYSTEM SIMULATOR, THIS CODE FOR CERTAIN INPUT CONFIGURATIONS HAS NOT BEEN VERIFIED OR TESTED.
NSSyssoft ACCEPTS NO RESPONSIBILITY FOR ANY MATHEMATICAL OR TECHNICAL LIMITATIONS OF THE PROCEDURES AND FUNCTIONS WHICH MAKE UP THIS PRODUCT PROTOTYPE CODE. THIS CODE SHOULD NOT BE DEPENDED ON FOR SOLVING A PROBLEM WHOSE INACCURATE SOLUTION COULD RESULT IN LOSS OF LIFE, IN INJURY TO A PERSON, OR LOSS OF PROPERTY.
YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THIS PRODUCT PROTOTYPE CODE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF THE USE OF THIS CODE AND YOU ASSUME ALL RISKS ASSOCIATED WITH ITS USE.
3. RESERVATION OF RIGHTS AND OWNERSHIP. THE SOFTWARE IS NOT SOLD, IT IS LICENSED TO YOU. NSSyssoft reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. NSSyssoft or its suppliers own the title, copyright, and other intellectual property rights in the Software.
4. RESTRICTED USES. All uses of the Software and Documentation not specifically allowed in the License Grants section of this License Agreement are disallowed. The following is a partial list of forbidden uses of the Software and Documentation.
4.1 You may not copy the Software except as provided above.
4.2 You may not modify or adapt the Software or merge it into another program in any manner.
4.3 You may not reverse engineer, decompile, or disassemble the Software or make any attempt to discover the source code of the Software.
4.4 You may not place the Software onto a server so that it is accessible via a public network such as the Internet.
4.5 You may not sublicense, rent, lease or loan the Software or Documentation.
4.6 You may not alter, remove or obscure any copyright, trade secret, proprietary and/or other legal notices on or in Software and Documentation.
5. CONSENT TO USE OF DATA. You agree that NSSyssoft may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. NSSyssoft may use this information solely to improve our product (s) or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
6. ERROR REPORTING (LINK) TO THIRD PARTY SITE. You may link to third party site through the use of the Software as a result of Software failure and error reporting. The third party site is not under the control of NSSyssoft, and NSSyssoft is not responsible for the contents of any third party site, any links contained in third party site, or any changes or updates to third party site. The inclusion of any link does not imply an endorsement by NSSyssoft of the third party site.
7. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that NSSyssoft may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. NSSyssoft reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.
8. REVISIONS/UPDATES. To use a version of the Software identified as a revision or an update (if any), you must first be licensed for the software identified by NSSyssoft as eligible for the revision or update. After revising or updating, you may no longer use the software that formed the basis for your revision or upgrade eligibility.
9. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
10. SOFTWARE TRANSFER. The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, any updates and this EULA). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.
11. TERMINATION. Without prejudice to any other rights, NSSyssoft 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 and all of its component parts.
12. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE UNITED STATES AND CANADA.
THE SOFTWARE IS PROVIDED "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, except that NSSyssoft warrants that the physical media on which this copy of Software is distributed will be free from defects in material and workmanship under normal use for a period of ninety (90) days from the date of receipt. This media warranty is limited to you and is not transferable.
If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
Any revisions, supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you are not covered by any warranty or condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by NSSyssoft, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet NSSyssoft’s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose.
The terms of Section 14 (“Exclusion of Incidental, Consequential and Certain Other Damages”) are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction.
YOUR EXCLUSIVE REMEDY. NSSyssoft’s and its suppliers’ entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at NSSyssoft’s option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to NSSyssoft with a copy of your receipt. You will receive the remedy elected by NSSyssoft without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to NSSyssoft). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and NSSyssoft will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with NSSyssoft’s warranty remedy procedures. To exercise your remedy, contact: NSSyssoft.
13. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NSSYSSOFT AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
14. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NSSYSSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF NSSYSSOFT OR ANY SUPPLIER, AND EVEN IF NSSYSSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. LIMITATION OF LIABILITY AND REMEDIES.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF NSSYSSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY NSSYSSOFT WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 12, 13, AND 14) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
16. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government is provided with the commercial license rights and restrictions described elsewhere herein.
17. APPLICABLE LAW. If you acquired this Software in the United States or Canada, this EULA is governed by the laws of the United States and the State of California without regard to its conflicts of law rules. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
18. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) are the entire agreement between you and NSSyssoft relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any NSSyssoft policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
Should you have any questions concerning this EULA, or if you desire to contact Nolta Simulated Systems Software (NSSyssoft) for any reason, please use the address information enclosed in this Software to contact NSSyssoft or visit NSSyssoft on the World Wide Web at http://www.noltasssoft.com.