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SINGLE USER SOFTWARE LICENSE
This is a COPY of the Single-User
Software License Agreement provided with your software and does not constitute
proof of license. The License Agreement is a legal agreement between you (either
as an individual or entity) and GSI Environmental Inc., Houston, Texas ("GSI").
By using any of the Licensed Materials (as defined below), you affirm that you
are a licensed user and agree to be bound by the terms and conditions of this
Agreement.
1. Grant of License.
This GSI Environmental Inc. License Agreement ("License") permits
you to use (a) one copy of the specified version of the GSI software product
identified on reverse (which may include user documentation provided in "online"
or electronic form), on any single computer, provided such software is in use
on only one computer at any time, and (b) one copy of the printed materials
identified on reverse and the other printed materials delivered to you in connection
with the software identified on reverse (collectively, such software product,
user documentation and printed materials are referred to herein as the "Licensed
Materials"). If you have multiple Licenses for the Licensed Materials,
then at any time you may have as many copies of the Licensed Materials (or portions
thereof) in use as you have Licenses. The software included in the Licensed
Materials is "in use" on a computer when it is loaded into the temporary
memory (i.e., "RAM") or installed into the permanent memory (e.g.,
hard disk, CD-ROM or other storage device) of that computer, except that a copy
installed on a network server for the sole purpose of distribution to other
computers is not "in use." If the anticipated number of users of the
Licensed Materials will exceed the number of applicable Licenses, then you must
have a reasonable mechanism or process in place to ensure that the number of
persons using the Licensed Materials concurrently does not exceed the number
of Licenses.
2. Copyright. The Licensed
Materials (including without limitation any images and text included in or incorporated
into the Licensed Materials) are owned by GSI and are protected by United States
copyright laws and international treaty provisions Therefore, you must treat
the Licensed Materials like any other copyrighted material except that you may
either (a) make one copy of the computer software included in the Licensed Materials
solely for backup or archival purposes or (b) transfer such computer software
to a single hard disk provided you keep the original solely for backup or archival
purposes. You may not copy the printed materials included in or incorporated
into the Licensed Materials.
3. Certain Other Restrictions
and Obligations. This License is your proof of license to exercise the rights
granted herein and must be retained by you. You may not rent, lease, loan, sell,
sublicense or transfer, either temporarily or permanently, the Licensed Materials
or any portion thereof without the prior written consent of GSI. You may not
reverse engineer, decompile or disassemble the Licensed Materials or any portion
thereof except to the extent that the foregoing restriction is expressly prohibited
by applicable law. You also agree to take all necessary steps to protect the
Licensed Materials from theft or use contrary to the terms of this License,
and you agree not to create derivative works from the Licensed Materials and
not to use or attempt to obtain any technique, algorithm, process, trade secret
or proprietary information contained in the Licensed Materials.
4. Limited Warranty.
GSI warrants that (a) subject to the provisions of this paragraph 4, the computer
software included in the Licensed Materials will perform substantially in accordance
with the accompanying printed materials for a period of ninety (90) days from
the date of receipt and (b) any computer hardware included in the Licensed Materials
will be free from defects in materials and workmanship under normal use and
service for a period of 180 days from the date of receipt. Any implied warranties
on the Licensed Materials or any portion thereof are limited to ninety (90)
days. Some states or other jurisdictions do not allow limitations on duration
of an implied warranty so the above limitation may not apply to you. To the
maximum extent permitted by applicable law, GSI 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 Licensed
Materials (including without limitation the computer software and hardware and
all written materials included or incorporated therein). In addition, GSI does
not represent, warrant or guarantee (i) that analyses or reports created based
on any of the Licensed Materials will result in a complete or correct risk-based
analysis for any site, (ii) that the Licensed Materials conform to the laws,
rules or regulations of any state, political subdivision or other governmental
authority, agency or other body or (iii) that any analyses or reports using
the Licensed Materials will conform to any such laws, rules or regulations.
This limited warranty gives you specified legal rights. You may have others,
which vary from jurisdiction to jurisdiction.
5. Customer Remedies.
GSI's entire liability and your exclusive remedy shall be, at GSI's option,
either (a) return of the price paid or (b) repair or replacement of the Licensed
Materials or portion thereof that does not meet the Limited Warranty set out
above and that is returned to GSI with a copy of your receipt. This Limited
Warranty is void if failure of the Licensed Materials has resulted from accident,
abuse or misapplication. Any replacement Licensed Materials will be warranted
for the remainder of the original warranty period or thirty (30) days, whichever
is longer. Neither these remedies nor any product support services offered by
GSI are available without proof of purchase from an authorized source.
6. No Liability for Consequential
and Other Damages. To the maximum extent permitted by applicable law, in
no event shall GSI or its suppliers, agents or affiliates be liable for any
damages whatsoever (including without limitation direct, indirect, consequential,
incidental, special or exemplary damages, loss of business profits, business
interruption, loss of business information or other pecuniary loss) arising
out of the use or inability to use the Licensed Materials or any portion thereof,
even if GSI has been advised of the possibility of any such damages. Because
some jurisdictions do not allow the exclusion or limitation of liability for
consequential, incidental or certain other damages, the above limitation may
not apply to you.
7. U.S. Government Restricted
Rights. The software included in the Licensed Materials 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 GSI Environmental Inc., 2211 Norfolk, Suite
1000, Houston, Texas 77098-4044.
8. General Conditions.
The termination of this License shall not affect the provisions of this License,
which terms and meaning are of a continuing nature. This License may only be
modified by written agreement. If any provision of this License is held illegal,
invalid, void or unenforceable, the remaining provisions shall remain in full
force and effect.
9. No Obligation to Update.
The Licensed Materials and the information included therein are subject to change
without notice. GSI disclaims any responsibility or obligation to update you
with regard to any such change.
10. Applicable Law.
If you acquired this product in the United States, this License is governed
by the laws of the State of Texas. If you acquired this product outside the
United States then, to the maximum extent permitted by local law, the laws of
the State of Texas shall apply and otherwise, local law may apply.
GSI Environmental Inc.
2211 Norfolk, Suite 1000
Houston, TX 77098-4044
(713) 522-6300
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