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End User License Agreement (EULA)

IMPORTANT: READ CAREFULLY BEFORE INSTALLING.


Thank you for purchasing this product. By installing this package, you indicate your acceptance of the following Advanced Relay Corporation End User License Agreement. This End-User License Agreement ("EULA") is a legal agreement between you, either an individual or a single entity ("Customer" or "you"), and Advanced Relay Corporation (ARC). BY INSTALLING, COPYING, OR OTHERWISE USING THIS PRODUCT, INCLUDING HARDWARE, COMPUTER SOFTWARE, ASSOCIATED MEDIA, ANY PRINTED MATERIALS, AND ANY "ONLINE" OR ELECTRONIC DOCUMENTATION (the “Licensed Program”), YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. If you do not agree to the terms of this EULA, promptly return the LICENSED PROGRAM and the accompanying items (including hardware, written materials and containers) to Advanced Relay Corporation, 1420 E. 20th Ave, Eugene, OR 97403, USA.

ADVANCED RELAY CORPORATION Software / Hardware License Agreement

1. GRANT OF LICENSE. The Licensed Program is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Licensed Program is licensed, not sold. Any rights not explicitly granted under this EULA are hereby reserved. Provided you have paid all applicable fees and registered the Licensed Program with ARC, the EULA grants you the following personal, non-exclusive, non-transferable rights: (a) You may use the Licensed Program on any single computer; use the Licensed Program on a network, provided that each person accessing the Licensed Program through the network must have a copy licensed to that person; use the Licensed Program on a second computer so long as only one copy is used at a time; or copy the Licensed Program for archival purposes, provided any copy must contain all of the original Licensed Program's proprietary notices. (b) You may not rent or lease the Licensed Program. (c) You may redistribute programs that you create for your products using ARC’s Licensed Program only if you or your customer purchases both a software license and hardware from ARC for each copy you distribute. (d) You may not decompile, disassemble, extract or otherwise reverse engineer any of the Licensed Program. You shall not have the right to obtain or use any source code for the Licensed Program except that which is delivered with the package; nor copy, reproduce, or distribute the Licensed Program except as provided above.

2. WARRANTY, REMEDY AND LIMITATIONS. (a) ARC warrants only that the Licensed Program will perform in substantial accordance with the online user manual for ninety (90) days following your receipt of the Licensed Program; and that any hardware accompanying the Licensed Program will be free from defects in material and workmanship under normal use and service for a period of one year. (b) Some states do not allow certain warranty limitations, so the restrictions of this Section 2 will apply only to the full extent permitted by applicable law. (c) ARC's entire liability and your exclusive remedy for any claim you may have against ARC shall be, at ARC's option, (i) return of amounts paid for the applicable Licensed Program; or (ii) repair or replacement of the Licensed Program or hardware that does not meet the above Limited Warranty and which is returned to ARC with a copy of your invoice. This Limited Warranty is void if failure of the Licensed Program or hardware has resulted from accident, abuse, or misapplication. (d) EXCEPT AS PROVIDED ABOVE, THE LICENSED PROGRAM IS PROVIDED "AS IS" AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Customer assumes all risks as to selection, quality, installation, results and performance. ARC does not warrant that the Licensed Program will meet Customer's requirements or that the operation of the Licensed Program will be uninterrupted or error free. (e) NEITHER ARC NOR ANY OF ITS SUPPLIERS SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION OR DELAY, OR LOSS OR INABILITY TO USE DATA), EVEN IF ARC OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL ARC'S LIABILITY UNDER THIS AGREEMENT EXCEED THE SUM OF ANY AMOUNTS PAID HEREUNDER BY CUSTOMER TO ARC.

3. TERMINATION. The license will terminate automatically if Customer fails to comply with the terms, conditions or limitations contained in this EULA, including the payment of applicable license or other fees. On termination, Customer shall, at ARC's option, either return to ARC or destroy all copies of the Licensed Program, including documentation. Otherwise, this EULA shall remain in force until terminated. Customer may terminate this EULA at any time (with no obligation on the part of ARC) by destroying all copies of the Licensed Program and providing notice thereof to ARC. The disclaimer of warranty and limitations on liability contained in Section 2 shall continue in force even after your rights to use the Licensed Program are terminated.

4. UPGRADES. If the Licensed Program is designated by ARC as an "Upgrade" product, then you may only use the Licensed Program if you are also currently a licensed user of the base product to which the Upgrade applies. Unless ARC’s documentation for an Upgrade specifically provides, you may not separate upgrade products from base products, nor transfer them separately. ARC reserves the sole and exclusive right to set its policies and prices regarding updates, upgrades and enhancements. All other terms of this EULA apply with equal force to Upgrades.

5. DEMO VERSIONS. If ARC designates the Licensed Program as a "Demo" version, then Customer's license rights under this EULA shall extend solely for a 30 day evaluation period, during which Customer's use is restricted solely to permit Customer to determine whether to purchase an ongoing license to the Licensed Program. Customer is specifically prohibited from distributing Demo versions of the Licensed Program to third parties without prior written permission. Unregistered use of the Licensed Program, including documentation, beyond the 30 day evaluation period violates federal copyright laws. Demo versions are provided strictly on an "as is" basis and Section 2(a) does not apply.

6. GENERAL. This EULA shall be governed by and construed under the substantive laws of the State of Oregon, United States of America, without regard to choice of law provisions. If any provision of this EULA is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby.

7. U.S. GOVERNMENT RESTRICTED RIGHTS. If Customer is acquiring the Licensed Program, including documentation on behalf of the U.S. Government, the following provisions apply. The Licensed Program and Documentation are "commercial items" as defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation" as used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227-7202 (June 1995). Use, duplication, or disclosure by the U.S. government is subject to restrictions as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii) (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. Contractor/manufacturer is Advanced Relay Corporation, 1420 E. 20th Ave., Eugene, OR 97403, USA; www.AdvancedRelay.com, e-mail address: sales@AdvancedRelay.com.
Should you have any questions concerning the Agreement, or if you wish to contact ARC for any reason, please write to the above e-mail address.

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