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ELAN Glass(TM) Image Viewer Software License Agreement

ELAN Glass(TM) Image Viewer Software License Agreement

ELAN Glass(TM) Image Viewer Software License Agreement
Developed By ELAN GMK Corporation.
825 Hemlock Ridge Court. Simi Valley, CA 93065

Copyright (TM) 2002-2009 ELAN GMK. All Rights Reserved

ELAN GMK is willing to license ELAN Glass(TM) software products to you only upon the condition that you accept all of the terms contained in this license agreement ("Agreement").  Read the terms and conditions of this license carefully.  Your use of the licensed software indicates your assent to be bound by the license terms set forth below.

DEFINITIONS:

The ELAN Glass(TM) software in binary form (hereafter "Software") is provided to you subject to ELAN GMK's copyright and other intellectual property rights.

LICENSE GRANT AND NOTICES:

ELAN GMK and its licensors retain exclusive ownership of the Software. ELAN GMK hereby grants to you ("you") a non-exclusive license to use the Software by a single person who uses the software himself on one or more computers, or installed on a single computer or server. No license is granted to you for any other purpose.  The above license is subject to all terms of this Agreement including, without limitation:  (i) you agree not to reverse engineer, disassemble or modify the Software; (ii) you agree not to remove, alter or obscure proprietary notices of ELAN GMK or its suppliers; (iii) you agree not to use ELAN GMK's or ELAN GMK' suppliers' name, logos or trademarks except as necessary to affix the appropriate copyright notices required in this Agreement.

YOU MAY NOT:

(ii)    sublicense, rent or lease any portion of the Software;

(iii)    reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software.


DISCLAIMER OF DAMAGES:

In no event shall ELAN GMK or its licensors be liable to you for any special, consequential, incidental or indirect damages of any kind (including without limitation the cost of cover, damages arising from loss of data, use, profits or goodwill), whether or not ELAN GMK has been advised of the possibility of such loss, however caused and on any theory of liability arising out of this agreement. These limitations shall apply notwithstanding the failure of essential purpose of any limited remedy. ELAN GMK's liability arising out of this agreement and/or your use or possession of the software, including without limitation any and all claims combined, will not exceed the amount of the license fee for the software provided under this agreement.  This provision shall survive the expiration or termination of this Agreement.

(USA only)  Some states do not allow the limitation or exclusion of liability for incidental or consequential damages or exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary, from state to state.

GOVERNING LAW AND GENERAL PROVISIONS:

This Agreement will be governed by the laws in force in the State of California excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of ELAN GMK.

Should you have any questions concerning this Agreement, or if you desire to contact ELAN GMK for any reason, please write: ELAN GMK, 825 Hemlock Ridge Ct., Simi Valley, CA 93065.

LIMITED WARRANTY:

ELAN GMK does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.

The above warranty is exclusive and in lieu of all other warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and noninfringement.  This warranty gives you specific legal rights. You may have other rights, which vary from state to state.

NOTICE TO GOVERNMENT END USERS:

The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," (in paper form or as may be available in electronic form on the Internet) as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. Manufacturer is ELAN GMK, 2346 Bigelow Ave., Simi Valley, CA 93065.

OUTSIDE THE U.S.

If you are located outside the U.S., then the provisions of this Section shall apply. Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents y compris tout avis qui s'y rattache, soient redigés en langue anglaise. (translation: "The parties confirm that this Agreement and all related documentation is and will be in the English language.") You are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Software, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.