End-User Licensing Agreement: Single User License
End-User Licensing Agreement: Single Use License
Please read this software license carefully before using the SonoAnalyzer software. Before your first use of this program you must register the software online, and in order to register, you must agree to be bound by the terms of this license. If you do not agree to the terms of this license, do not register and do not continue to use the software. In this event if you have purchased the software you may return it to the vendor for a refund.
You will need a working internet connection to continue with the registration process.
General
The software, documentation and any other services are licensed, not sold, to you by PowerUltrasonics for use only under the terms of this License. PowerUltrasonics reserves all rights not expressly granted to you.
Permitted Uses and Restrictions
Single device: This License permits you to use the SonoAnalyzer software on a single device (personal computer). You may not make the SonoAnalyzer software available over a network where it could be used by multiple devices or multiple computers at the same time.
Copying: You may make copies of the SonoAnalyzer software and other associated downloads for your own backup purposes only. You may move the software permanently from one device to another, provided you then delete the earlier copy. You may not keep more than one working copy of the software or any other download.
Redistribution and transfer: You may not resell, rent, lease, lend, give away, sub-license or redistribute the SonoAnalyzer software without express permission from PowerUltrasonics. You may, however, make a one-time permanent transfer of all of your license rights to the SonoAnalyzer software to another party in connection with the transfer of ownership of your business, provided that you do not continue to use or retain any copies of the SonoAnalyzer software. In this event the party receiving the SonoAnalyzer software must re-register and agree to accept the terms and conditions of this license before use.
Reverse-engineering: You may not modify, decompile, disassemble or in any other way attempt to reverse-engineer the SonoAnalyzer software, except where such activity is expressly permitted by applicable law.
Safety-critical applications
The SonoAnalyzer software is not intended for use in any application where incorrect results or the failure to produce correct results could lead to death, personal injury, or severe physical or environmental damage. Such applications include, but are not limited to, the manufacture of components for nuclear facilities, aircraft navigation or communication systems, air traffic control systems, life support machines.
Consent to use of data
You agree that PowerUltrasonics may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, to facilitate the provision of software updates, product support and other services to you, and to verify compliance with the terms of this License.
Termination
This license is effective until terminated. Your rights under this license will terminate automatically without notice if you fail to comply with any term(s) of this agreement. Upon termination, you shall cease all use of the SonoAnalyzer software.
Controlling Law
This license agreement will be governed by and construed in accordance with the laws of the State of New South Wales, Australia. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
Disclaimer of warranties
To the maximum extent permitted by applicable law, PowerUltrasonics provides this software and any other services associated with it "as is" and with all faults. PowerUltrasonics disclaims all warranties and conditions, whether express, implied or statutory, including, but not limited to, any warranties or conditions related to: title, non-infringement, merchantability, fitness for a particular purpose, accuracy or completeness of results, lack of negligence and correspondence to description. The entire risk arising out of use or performance of the software and any other services remains with you.
Exclusion of incidental, consequential and certain other damages.
To the maximum extent not prohibited by applicable law, in no event shall PowerUltrasonics be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other loss whatsoever) arising out of or in any way related to the use of or inability to use the software, or the provision of or failure to provide support services, even if PowerUltrasonics has been advised of the possibility of such damages.
Limitation of liability and remedies.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of PowerUltrasonics under any provision of this licence agreement and your exclusive remedy for all of the above shall be limited to the amount actually paid by you for the software or US$10.00, whichever is the greater. These limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose.