This is a legal agreement between you (an individual or an entity), the end user, and INNOVENTIONS, Inc. The INNOVENTIONS software programs (the Software) which are available on this Internet Web site (the "Site") are intended for use with the INNOVENTIONS memory tester product line (the MEMORY TESTER) and are licensed by INNOVENTIONS to the original MEMORY TESTER customer and any subsequent transferee of the product for use only on the terms set forth here. Please read this license agreement. Downloading the Software from this Site indicates that you accept these terms. If you do not agree to the terms of this Agreement, please do not download the Software you access in this Site.
1. Grant of License. This INNOVENTIONS Software License Agreement ("License") permits you to use one copy of the Software on any single computer, provided the Software is in use on only one computer at any time. If you have multiple Licenses for the Software (that is, you have purchased more than one MEMORY TESTER), then at any time you may have as many copies of the Software in use as you have Licenses. The Software is "in use" in a computer when it is loaded into the temporary memory (i.e., RAM) or is installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. However, a copy installed on a network server for the sole purpose of distribution to other computers is not "in use". If the Software is permanently installed on the hard disk or other storage device of a computer (other than a network server), then the person authorized to use such computer also may use the Software on a portable computer, laptop, and home computer. If such person's authorization to use such computer ceases for any reason (e.g. termination of employment), then such person's authority to use the software on a portable computer, laptop, and home computer shall cease.
2. Copyright. The Software is owned by INNOVENTIONS or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material (e.g., a book or musical recording), except that you may either (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy written materials accompanying the Software.
3. Other Restrictions. This License is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent or lease the Software, but you may transfer your rights under this License on a permanent basis provided that you transfer this License, the Software and all accompanying written materials, you retain no copies, and the recipient agrees to the terms of the License. If the Software is an update, any transfer must include the update and all prior versions. You may not reverse engineer, decompile, disassemble, or create derivative works from the SOFTWARE.
4. Limited Warranty. INNOVENTIONS warrants that the Software, when used with the appropriate MEMORY TESTER product, will perform substantially in accordance with the accompanying written materials and will be free from defects in materials and workmanship under normal use and service for a period of ninety (90) days form the date of receipt. Any implied warranties of the Software are limited to ninety (90) days. Some states do not allow limitations on the duration of an implied warranty, so the above limitations may not apply to you. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.
5. Customer Remedies. INNOVENTIONS entire liability and your exclusive remedy shall be, at INNOVENTIONS option, either (a) return of the price paid or (b) repair or replacement of the Software that does not meet INNOVENTIONS' Limited Warranty and that is returned to INNOVENTIONS with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
6. No other Warranties. INNOVENTIONS disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the Software, the accompanying written materials, and any accompanying hardware.
7. No Liability for Consequential Damages. In no event shall INNOVENTIONS or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use the Software, even if INNOVENTIONS has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitations of consequential or incidental damages, the above limitations may not apply to you.
8. Government Restricted Rights. If you are acquiring the SOFTWARE on behalf of any unit or agency of the United States Government, the following provisions apply: The Government acknowledges INNOVENTIONS representation that the SOFTWARE and its documentation were developed at private expense and no part of them is in the public domain. The Government acknowledges INNOVENTIONS representation that the SOFTWARE is "Restricted Computer Software" as that term is defined in Clause 52.227-19 of the Federal Acquisition Regulations (FAR) and is "Commercial Computer Software" as that term is defined in Subpart 227.471 of the Department of Defense Federal Acquisition Regulation Supplement (DFARS).
The Government agrees that: (i) if the SOFTWARE is supplied to the Department of Defense (DoD), the SOFTWARE is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the SOFTWARE and is documentation as that term is defined in Clause 252.227-7013 (c) (1) of the DFARS, and (ii) if the SOFTWARE is supplied to any unit or agency of the United States Government other than DoD, the Government's rights in the SOFTWARE and its documentation will be as defined in Clause 52.227-19 (c) (2) of the FAR. RESTRICTED RIGHTS LEGEND. 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. Contractor/manufacturer is INNOVENTIONS, Inc. 10425 Bissonnet Street, Houston, TX 77099.
9. GENERAL. This Agreement will be governed by the laws of the State of Texas, except for that body of law dealing with conflicts of law. Should you have any questions concerning this Agreement, or if you desire to contact INNOVENTIONS for any reason, please write: INNOVENTIONS, Inc. 10425 Bissonnet Street, Houston, TX 77099.