Incode Systems, Inc.

SOFTWARE PROGRAM LICENSE AGREEMENT

 

This is a legal agreement between you, the end user, and Incode Systems, Inc. (ISI). Please read the following terms and conditions before using this software. In the event that you use this software, you are agreeing to be bound by the terms and conditions of this agreement. Should you not agree with these terms, do not use this software.

GRANT OF LICENSE: You are granted a non-exclusive, non-transferable right to the use of this ISI software program (SOFTWARE).

COPYRIGHT: This SOFTWARE and the DOCUMENTATION are owned by ISI and are protected by copyright laws and international treaty provisions. No title to intellectual property is being transferred. You may not modify, reverse engineer, decompile or disassemble the SOFTWARE.

NO WARRANTY: The SOFTWARE is provided "as is". ISI does not warrant that the SOFTWARE will meet your requirements or that its operation will be uninterrupted or error-free. The entire risk as to the quality and performance of the SOFTWARE is borne by you. Should the SOFTWARE prove defective, you and not ISI assume the entire cost of service and repair. ISI makes no representations, warranties or conditions, express or implied, including but not limited to non-infringement, conformity to any representation or description, merchantability or fitness for a particular purpose or those arising by statute or otherwise in law or from a course of dealing or usage of trade. This disclaimer constitutes an essential part of the Agreement.

Limitation of Liability: NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, YOU AGREE THAT ISI SHALL NOT BE LIABLE, UNDER ANY LEGAL THEORY, INCLUDING TORT, CONTRACT OR OTHERWISE, FOR ANY DAMAGES INCURRED BY YOU (INCLUDING BUT NOT LIMITED TO DIRECT OR INDIRECT DAMAGES FOR LOSS OF GOODWILL, LOSS OF DATA, BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER COMMERCIAL OR PECUNIARY LOSS, ANY CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGE) OR ANY OTHER PERSON OR ENTITY AS A RESULT OF YOUR USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION EVEN IF ISI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

RESTRICTED RIGHTS: This SOFTWARE and documentation are Commercial Computer Software provided with RESTRICTED RIGHTS under Federal Acquisition Regulations and agency supplements to them. Use, duplication or disclosure by the Government, its agencies or instrumentalities is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights Clause at 48 CFR 52.227-19, as applicable, or successor provisions. Manufacturer is Incode Systems, Inc, 5113 N. Executive Dr., Suite 103, Peoria, IL 61614-4884, USA.

GENERAL: This Agreement is the entire agreement between ISI and you, supersedes any other agreements or discussions, oral or written, and may not be changed except by written amendment signed by ISI. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, excluding its conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed from this Agreement and the other provisions shall remain in full force and effect.

Should you have any questions concerning this license agreement, or if you desire to contact ISI for any reason please e-mail Incode Systems, Inc. at info1 [at] incodesystems.com.