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KEYNETIK ACCELEROMETER APPLICATIONIMPORTANT: READ CAREFULLY BEFORE INSTALLING, DOWNLOADING, OR USINGTHE SOFTWARE
END USER SOFTWARE LICENSE AGREEMENT
IMPORTANT! The enclosed software is licensed only on the condition that the end userlicensee (referred to in this Agreement as "You") agrees with Keynetik Inc. (referred to in thisAgreement as "KEYNETIK") to the terms and conditions set forth in the following legalagreement. READ THIS END USER SOFTWARE LICENSE AGREEMENT CAREFULLY.YOU WILL BE BOUND BY THE TERMS OF THIS AGREEMENT IF YOU INSTALL,DOWNLOAD, OPEN THE SEALED PACKAGE, OR OTHERWISE USE THE LICENSEDSOFTWARE. If You do not agree to the terms contained in this Software License Agreement,please do not install, download, or open the sealed package, or return this packageUNOPENED to your dealer.This Software Agreement ("Agreement") is between You (either an individual or an entity),the End User, and Keynetik Inc. ("KEYNETIK"). The Agreement authorizes You to use theSoftware specified in section 1 below, which may be stored on a CD-ROM, sent to You byelectronic mail, or downloaded from KEYNETIK’s Web pages or Servers or from other sourcesunder the terms and conditions set forth below. This is an agreement on end-user rights andnot an agreement for sale. KEYNETIK continues to own the copy of the Software and thephysical media contained in the sales package and any other copy that You are authorized tomake pursuant to this Agreement.Read this Agreement carefully before installing, downloading, or using the Software. BYCLICKING ON THE "I ACCEPT" BUTTON WHILE INSTALLING, DOWNLOADING, AND/ORUSING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THISAGREEMENT. If You do not agree to all of the terms and conditions of this Agreement,promptly click the "Decline" or "I Do Not Accept" button, cancel the installation or downloading,or destroy or return the Software and accompanying documentation to KEYNETIK. YOUAGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVEREAD THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMSAND CONDITIONS.1.SOFTWARE. As used in this Agreement, the term "Software" means, collectively: (I) thesoftware product identified above (ii) all the contents of the disk(s), CD-ROM(s), electronicmail and its file attachments, or other media with which this Agreement is provided,including the object code form of the software delivered via a CD-ROM, electronic mail, orWeb page (iii) digital images, stock photographs, clip art, or other artistic works ("StockFiles") (iv) related explanatory written materials and any other possible documentationrelated thereto ("Documentation"); (v) fonts, and (vi) upgrades, modified versions,updates, additions, and copies of the Software (collectively "Updates"), if any, licensed to
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You by KEYNETIK under this Agreement.2.END-USER RIGHTS AND USE. KEYNETIK grants to You non-exclusive, non-transferableend-user rights to install the Software on the local hard disk(s) or other permanent storagemedia of one computer and use the Software on a single computer or terminal at a time.3.LIMITATIONS ON END-USER RIGHTS. You may not copy, distribute, or make derivativeworks of the Software except as follows:(a) You may make one copy of the Software on magnetic media as an archival backupcopy, provided Your archival backup copy is not installed or used on any computer. Anyother copies You make of the Software are in violation of this Agreement.(b) You may not use, modify, translate, reproduce, or transfer the right to use the Softwareor copy the Software except as expressly provided in this Agreement.(c) You may not resell, sublicense, rent, lease, or lend the Software.(d) You may not reverse engineer, reverse compile, disassemble, or otherwise attempt todiscover the source code of the Software (except to the extent that this restriction isexpressly prohibited by law) or create derivative works based on the Software.(e) Unless stated otherwise in the Documentation, You shall not display, modify,reproduce, or distribute any of the Stock Files included with the Software. In the event thatthe Documentation allows You to display the Stock Files, You shall not distribute the StockFiles on a stand-alone basis, i.e., in circumstances in which the Stock Files constitute theprimary value of the product being distributed. You should review the "Readme" filesassociated with the Stock Files that You use to ascertain what rights You have withrespect to such materials. Stock Files may not be used in the production of libelous,defamatory, fraudulent, infringing, lewd, obscene, or pornographic material or in anyotherwise illegal manner. You may not register or claim any rights in the Stock Files orderivative works thereof.(f) You agree that You shall only use the Software in a manner that complies with allapplicable laws in the jurisdiction in which You use the Software, including, but not limitedto, applicable restrictions concerning copyright and other intellectual property rights.4.COPYRIGHT, PATENT & OWNERSHIP. The Software and all rights, without limitationincluding proprietary rights therein, are owned by KEYNETIK and/or its licensors andaffiliates and are protected by international treaty provisions and all other applicablenational laws of the country in which it is being used. The structure, organization, andcode of the Software are the valuable trade secrets and confidential information ofKEYNETIK and/or its licensors and affiliates. You must not copy the Software, except asset forth in section 3 (Limitations On End-User Rights). Any copies which You arepermitted to make pursuant to this Agreement must contain the same copyright and otherproprietary notices that appear on the Software. KEYNETIK shall have sole and exclusiveownership of all right, title, and interest in and to the Software and any additions ormodifications thereto arising during Your use of the Software or as a result of any other
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collaboration between KEYNETIK and You, all media and documentation relating to suchadditions or modifications, and all intellectual property rights associated therewith(including, without limitation, rights to patents, copyrights, trade secrets, or know-how).Upon KEYNETIK’s request, You agrees to execute such further instruments and takesuch further action as KEYNETIK may reasonably request to effect ownership of any suchinventions and/or modifications.5.MULTIPLE ENVIRONMENT SOFTWARE / MULTIPLE LANGUAGE SOFTWARE / DUALMEDIA SOFTWARE / MULTIPLE COPIES / UPDATES. If the Software supports multipleplatforms or languages, if You receive the Software on multiple media, or if You otherwisereceive multiple copies of the Software, the number of computers on which all versions ofthe Software are installed shall be one computer. You may not rent, lease, sublicense,lend, or transfer versions or copies of the Software You do not use. If the Software is anUpdate to a previous version of the Software, You must possess valid end-user rights tosuch a previous version in order to use the Update, and You may use the previous versionfor ninety (90) days after You receive the Update in order to assist You in the transition tothe Update. After such time You no longer have a right to use the previous version, exceptfor the sole purpose of enabling You to install the Update.6.COMMENCEMENT & TERMINATION. This Agreement is effective from the first date Youinstall the Software. Except as otherwise stated, You may terminate this Agreement at anytime by permanently deleting, destroying, and returning, at Your own costs, the Software,all backup copies, and all related materials provided by KEYNETIK. Your end-user rightsautomatically and immediately terminate without notice from KEYNETIK if You fail tocomply with any provision of this Agreement. In such an event, You must immediatelydelete, destroy, or return at Your own cost, the Software, all backup copies, and all relatedmaterial to KEYNETIK.7.YOU UNDERSTAND AND ACKNOWLEDGE BY ACCEPTANCE OF THIS AGREEMENTTHAT THE SOFTWARE IS NOT A FULLY TESTED PRODUCT OFFERING, AND HASNOT BEEN COMPLETED ACCORDING TO NORMAL DEVELOPMENT PROCEDURES.YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK; THE SOFTWARE AND ANYASSOCIATED DOCUMENTATION MAY CONTAIN DEFECTS, FAIL TO COMPLY WITHAPPLICABLE SPECIFICATIONS, AND PRODUCE UNINTENDED OR ERRONEOUSRESULTS WHEN OPERATED IN COMBINATION WITH OTHER PRODUCTS. THESOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, ANDYOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUTWARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENTPERMITTED BY APPLICABLE LAW NEITHER KEYNETIK, ITS LICENSORS ORAFFILIATES, NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS ORWARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THEWARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEOR THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS,COPYRIGHTS, TRADEMARKS, OR OTHER RIGHTS. THERE IS NO WARRANTY BYKEYNETIK OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THESOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THESOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALLRESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO
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