Software
License Agreement
This
legal document is an agreement between you, the LICENSEE, and
Nearfield Systems Incorporated (NSI). By opening this sealed
envelope you are agreeing to become bound by the terms of this
software license agreement. If you do not agree to these terms,
DO NOT OPEN THIS PACKAGE. Promptly return it, along with all
printed documentation to Nearfield Systems Inc.
The
envelope this document is attached to contains the following
items:
- NSI
Software
- Hardlock
(may be included)
- Copy
of the Software License Agreement
- GRANT
OF LICENSE. In consideration for the payment of the license
fee, which is part of the price you have paid for your system,
NSI, as LICENSOR, grants you, the LICENSEE, a non-exclusive
right to use this copy of NSI's software program (hereinafter,
the "SOFTWARE") on a single computer at a single location.
- OWNERSHIP
OF SOFTWARE. As the LICENSEE, you own the magnetic or other
physical media on which the SOFTWARE is originally or subsequently
recorded or fixed, but NSI retains title and ownership of the
SOFTWARE recorded on the original disk and all subsequent copies
of the SOFTWARE, regardless of the form or media on which the
original and any other copies may exist. This license is not
a sale of the original software or any copy.
- COPY
RESTRICTIONS. This SOFTWARE and the accompanying written materials
are copyrighted. Unauthorized copying of the SOFTWARE, including
SOFTWARE that has been modified, merged or included with other
software, or of the written materials is expressly forbidden.
You may be held legally responsible for any copyright infringement
that is caused or encouraged by your failure to abide by the
terms of this License.
- USE
RESTRICTION. As the LICENSEE, you may physically transfer the
SOFTWARE from one computer to another, provided that the SOFTWARE
is used on only one computer at a time. You may not distribute
copies of the SOFTWARE or accompanying written materials to
others. You may not modify, adapt, translate, reverse engineer,
decompile, disassemble, or create derivative works based on
the SOFTWARE or written materials except for your own use.
- TRANSFER
RESTRICTIONS. This SOFTWARE is licensed only to you, the LICENSEE,
and may not be transferred to anyone without the prior written
consent of NSI. Any authorized transfer of the SOFTWARE shall
be bound by the terms and conditions of this Agreement. In
no event may you transfer, assign, rent, lease, sell, or otherwise
dispose of the SOFTWARE on a temporary or permanent basis except
as expressly provided herein.
- TERMINATION.
This license is effective until terminated. If you, the LICENSEE
fail to comply with any provision of the license, NSI will
notify you of the failure and permit you sufficient time to
correct such failure. Non-correction of such failure within
sufficient time will result in license termination. Upon termination
you shall destroy the written materials and all copies of the
SOFTWARE including modified copies, if any.
- UPDATE
POLICY. NSI may create, from time to time, updated versions
of the SOFTWARE. At its option, NSI will make such updates
available to the LICENSEE.
- U.S.
GOVERNMENT RESTRICTED RIGHTS. The software, hardlock, and documentation
are "commercial items" as that term is defined in
48 C.F.R 2.101, consisting of "commercial computer software" and "commercial
computer software documentation" as such terms are used
in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48
C.F.R. 227.7202-1 through 227.7202-4 and 48 C.F.R. 252.227-7014(a)(5)
and 48 C.F.R. 252.227-7014(a)(1), all U.S. Government end users
acquire the software and documentation with only those rights
set forth herein.
- MISCELLANEOUS.
This Agreement is governed by the State of California.
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