OCENS Software and Services End-User License Agreement
Grant of License
This is a license, not a sales agreement, between you, the end user, and Ocean and Coastal Environmental Sensing, Inc. (OCENS). OCENS grants to you a non-exclusive, non-transferable (except as provided below) right to use the copy of the software program(s) (the "SOFTWARE") enclosed in this envelope, any accompanying hardware (the "HARDWARE"), and the accompanying documentation in accord with the terms set forth in this agreement.
The SOFTWARE, HARDWARE, and accompanying documentation are owned by OCENS, Inc. or its licensers and protected by copyright, trademark, and other intellectual property laws and by international treaty provisions. Therefore, you must treat the SOFTWARE, HARDWARE, and accompanying documentation like any other copyrighted or otherwise protected material (eg. a book or recording) except that:
1) Install the SOFTWARE and HARDWARE on only one computer;
2) Physically transfer the SOFTWARE and HARDWARE from one computer to one other computer provided that the SOFTWARE and HARDWARE is used on only one computer at a time. The serial number associated with your software permits you to install the subject software on a maximum of two computers. If additional installs are necessary, contact OCENS;
You may not:
1) Use the SOFTWARE and/or HARDWARE on more than one computer at a time;
2) Modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, or copy (except for backup) the SOFTWARE, HARDWARE, or the accompanying documentation;
3) Rent or lease any rights in the SOFTWARE, HARDWARE, or accompanying documentation to any person;
4) Remove any proprietary notices, labels or marks on the SOFTWARE, HARDWARE, documentation and/or containers.
All rights, title, interest, and all copyrights and intellectual property rights in and to the SOFTWARE, HARDWARE, documentation, and any copy made by you remain with OCENS. Unauthorized copying of the SOFTWARE, HARDWARE, or the documentation, or failure to comply with the above restrictions, will result in automatic termination of this license and will make available to OCENS other legal remedies.
Your sole remedy under this License Agreement shall be repair or replacement as provided in the warranty. OCENS SOLE AND EXCLUSIVE MAXIMUM LIABILITY FOR ANY CLAIM BY YOU OR ANYONE CLAIMING THROUGH OR ON BEHALF OF YOU ARISING OUT OF YOUR ORDER OR THE WARRANTY SHALL NOT IN ANY EVENT EXCEED THE ACTUAL AMOUNT PAID BY YOU TO OCENS FOR THE PRODUCT. IN NO EVENT SHALL OCENS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, COLLATERAL, EXEMPLARY, CONSEQUENTIAL, OR SPECIAL DAMAGES OR DAMAGES FOR THE LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSSES ARISING OUT OF YOUR ORDER OF SOFTWARE, HARDWARE, OR DOCUMENTATION DELIVERED UNDER IT OR OUT OF THE WARRANTY, INCLUDING WITHOUT LIMITATION, LOSS OF USE, PROFITS, GOODWILL OR SAVINGS OR LOSS OF DATA, DATA FILES OR PROGRAMS THAT MAY HAVE BEEN STORED BY THE USER. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
I AGREE / I DO NOT AGREE