Software License Agreement
Grant of License
ioMetics, LLC grants you a nonexclusive, nontransferable license to use the Software according to the terms and conditions herein.
You may install the Software for use by a single user on one computer at one location at any one time.
This License permits you to make only one backup copy of the Software. This Software package may contain a manual in either printed or electronic form (the "Documentation"). If the Documentation is in printed form, it may not be copied. If the documentation is in electronic form, You may print out one (1) copy, which may not be copied.
Restrictions
You shall not:
(1) modify, translate, reverse engineer, decompile, or disassemble the Software;
(2) rent or transfer all or part of the Software, Documentation, or any rights granted hereunder to any other person without ioMetics, LLC prior written consent;
(3) remove any proprietary notices, labels, or marks from the Software or Documentation;
(4) use the Software outside of the country in which it was delivered; or
(5) utilize any computer hardware or software designed to defeat any hardware copy-protection device, should the software you have licensed be equipped with such protection.
Upgrades and Updates
If this Software is being licensed to you as an upgrade or update to software previously licensed to You, You must destroy the software previously licensed to you, including any copies resident on your hard-disk drive, within sixty (60) days of your acceptance of the license to use the upgrade or update.
Copyright
Title and copyrights to the Software and accompanying materials and any copies made by you remain with ioMetics, LLC. Unauthorized copying of the Software or documentation, or failure to comply with the above restriction, will result in automatic termination of this license. Unauthorized duplication of the Software constitutes copyright infringement and in the United States is punishable in a federal criminal action by a fine of up to US$250,000 and imprisonment for up to five (5) years. In addition, federal civil penalties allow the recovery of actual damages based on the number of copies produced or liquidated damages of up to US$100,000 for willful copyright infringement.
Limited Warranty
IOMETICS, LLC MAKE, AND YOU RECEIVE, NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU; AND IOMETICS, LLC SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IOMETICS, LLC DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
If this Software was obtained in the United States, the above exclusions may not apply to you since some states do not allow the exclusion of implied warranties. In addition to the above warranty rights, you may also have other rights, which vary from state to state.
Remedies
Your exclusive remedy under the warranty provided herein will be, at the option of ioMetics, LLC, to attempt to correct or work around errors, to replace the media, or terminate this Agreement. Termination of this agreement is subject to return of the Software to ioMetics, LLC.
Disclaimer
COMPUTER MODELING SOFTWARE AND OTHER TECHNICAL SOFTWARE ARE TOOLS INTENDED TO BE USED BY KNOWLEDGEABLE PROFESSIONALS ONLY AND TO ASSIST WITH EVALUATIONS. THEY ARE NOT SUBSTITUTES FOR YOUR PROFESSIONAL JUDGMENT.
DUE TO THE LARGE VARIETY OF POTENTIAL APPLICATIONS FOR THE SOFTWARE, THE SOFTWARE HAS NOT BEEN TESTED IN ALL SITUATIONS UNDER WHICH IT MAY BE USED.
IOMETICS, LLC SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR THE RESULTS OBTAINED THROUGH THE USE OF THE SOFTWARE. PERSONS USING THE SOFTWARE ARE ALSO RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT, AND CONTROL OF THE SOFTWARE.
THIS RESPONSIBILITY INCLUDES, BUT IS NOT LIMITED TO, THE DETERMINATION OF APPROPRIATE USES FOR THE SOFTWARE AND OTHER PROGRAMS TO ACHIEVE INTENDED RESULTS.
PERSONS USING THE SOFTWARE ARE ALSO RESPONSIBLE FOR ESTABLISHING THE ADEQUACY OF INDEPENDENT PROCEDURES FOR TESTING THE RELIABILITY AND ACCURACY OF ANY PROGRAM OUTPUT.
Limitation of Liability
IN NO EVENT WILL IOMETICS, LLC BE LIABLE FOR ANY DAMAGES, WHETHER ARISING FROM TORT OR CONTRACT, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY.
THIS LIMITATION WILL APPLY EVEN IF IOMETICS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
If you obtained this program in the United States, the above limitation may not apply to you because some states doe not allow the limitation or exclusion of liability for incidental or consequential damages.
Foreign Sales
If you obtained this product in a country other than the United States, you agree to the following: The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto, including Notices, have been and shall be written in the English language only.
General
This Agreement shall be governed by the laws of the State of Texas.
This Agreement is the entire agreement between us and supersedes any other communications or advertising with respect to the Software and Documentation. If you have any questions, please contact in writing: ioMetics, LLC, support@ioMetics.net
All brand names, product names, or trademarks belong to their respective holders.