030-300564 Rev A
103
August 2009
User Guide
ProLine G90 (Models 6100, 6110)
16.
SOFTWARE LICENSE AGREEMENT
READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY. THIS
SOFTWARE IS COPYRIGHTED AND LICENSED (NOT SOLD). BY INSTALLING AND OPERATING
THIS PRODUCT, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE
AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE
AGREEMENT, YOU SHOULD PROMPTLY RETURN THE SOFTWARE AND HARDWARE TO
WESTELL TECHNOLOGIES, INC. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE
AGREEMENT CONCERNING THE SOFTWARE BETWEEN YOU AND WESTELL TECHNOLOGIES,
INC. (REFERRED TO AS "LICENSOR"), AND IT SUPERSEDES ANY PRIOR PROPOSAL,
REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
1. License Grant. Licensor hereby grants to you, and you accept, a nonexclusive license to install, execute and
otherwise use the Compact Disk (CD) and the computer programs contained therein in machine-readable,
object code form only (collectively referred to as the "SOFTWARE"), and the accompanying User
Documentation, only as authorized in this License Agreement. Unless otherwise indicated, SOFTWARE
excludes any “Third Party Software,” as defined below. The SOFTWARE may be used only in connection
with the computers or systems using the products for which the SOFTWARE is provided. You agree that you
will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement,
except that you may transfer the SOFTWARE together with the product and the User’s Manual to any third
party if you uninstall the SOFTWARE from your system and transfer all copies of the SOFTWARE CD. You
agree that you may not nor allow others to reverse assemble, reverse compile, or otherwise translate the
SOFTWARE.You may retain the SOFTWARE CD for backup purposes only. In addition, you may make one
copy of the SOFTWARE in any storage medium for backup purposes only. You may make one copy of the
User's Manual for backup purposes only. Any such copies of the SOFTWARE or the User's Manual shall
include Licensor's copyright and other proprietary notices. Except as authorized under this paragraph, no
copies of the SOFTWARE or any portions thereof may be made by you or any person under your authority
or control.
2. Licensor's Rights. You acknowledge and agree that the SOFTWARE and the User's Manual are
proprietary products of Licensor protected under U.S. copyright law. You further acknowledge and agree
that all right, title, and interest in and to the SOFTWARE and the User’s Manual, including associated
intellectual property rights, are and shall remain with Licensor. This License Agreement does not convey to
you an interest in or to the SOFTWARE, but only a limited right of use revocable in accordance with the
terms of this License Agreement.
3.
License Fees. The fees paid by you for the accompanying product are paid in partial consideration of the
licenses granted to the SOFTWARE under this License Agreement.
4. Term. This License Agreement is effective upon your opening of this package and shall continue until
terminated. You may terminate this License Agreement at any time by returning the SOFTWARE and all
copies thereof and extracts therefrom to Licensor. Licensor may terminate this License Agreement upon the
breach by you of any term hereof. Upon such termination by Licensor, you agree to return to Licensor the
SOFTWARE and all copies and portions thereof.
5. Limitation of Liability. Licensor's cumulative liability to you or any other party for any loss or damages
resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed
the amounts paid to Licensor for the use of the SOFTWARE. In no event shall Licensor be liable for any
indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Licensor has been
advised of the possibility of such damages. SOME STATES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.