Acksys Networking Devices Manager software - End User License Agreement



This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and ACKSYS Communications & Systems for the product known as "Acksys Networking Devices Manager" or "Acksys NDM", which may include electronic documentation ("Software").

If you do not agree to all of the terms of this agreement, you may not use or continue to use this software.

SCOPE OF GRANT

This EULA grants you the following, non-exclusive rights:

You may:

-Use the Software to transfer data to or from a ACKSYS hardware product;
-Install the Software on as many computers as you need, provided that it is used only to communicate with an ACKSYS product;
-Redistribute the Software together with an ACKSYS hardware product that can communicate with the Software;
-Make one copy of the Software for archival purposes only.

You may not:

-Permit other individuals or companies to use the Software except under the terms listed above;
-Modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction);
-Copy the Software other than as specified above;
-Remove or edit any proprietary notices or labels on the Software.

COPYRIGHT

All rights, title and copyrights in and to the Software (including any images, photographs incorporated into the Software) and any copies of the Software, are owned by Acksys Communications & Systems or its suppliers. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Therefore, you must treat the Software like any other copyrighted material except that you may make one copy of the Software solely for backup or archival purposes. The Software is licensed, not sold.

TITLE

Title, ownership rights, and intellectual property rights in the Software shall remain in Acksys Communications & Systems and/or its suppliers. The Software is protected by the copyright laws and treaties.

TERMINATION

The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software, in any form, including accompanying documentation.

DISCLAIMER OF WARRANTY

This Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. This Software has inherent limitations including design faults and programming bugs. You must use evaluation period to ensure that the product meets your needs and is fit for the purpose for which you intend to use it. This means that the entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not Acksys Communications & Systems assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.

The very nature of this Software is of System Utility and should be used with utmost care and precaution.

LIMITATION OF LIABILITY

Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Acksys Communications & Systems or its suppliers or resellers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. In no event will Acksys Communications & Systems be liable for any damages in excess of the amount Acksys Communications & Systems received from you for a license to the software, even if Acksys Communications & Systems shall have been informed of the possibility of such damages, or for any claim by any other party. This limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation. Furthermore, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES

To the maximum extent permitted by applicable law, in no event shall Acksys Communications & Systems or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or the inability to use this product.

WAIVER OF RESPONSIBILITY FOR MISUSE

The Software can process copyright material and has no way of knowing if such processing is in breach of copyright law. You agree that it is your responsibility to ensure that you only process material for which you own or have licensed the copyright and, further, to indemnify and hold harmless Acksys Communications & Systems from any claim whatsoever relating to your improper use of the Software to process copyright materials.

RETURN POLICY

We replace defective media free of charge once but do not offer a cash refund. We feel this policy is consistent with the major software retailers worldwide.