Commercial License: ASA Software
End User License Agreement and Limited Warranty for the ASA Software
Please read this document carefully before signing
This document contains the A.N.T. BV end user license agreement and contains warranty and liability disclaimers. By signing or opening the sealed disk package, You are confirming Your acceptance of the Software and agreeing to become bound to the terms of this Agreement. If You do not wish to do so, do not sign this document and do not open the disk package, return the entire package (including written materials) within ten (10) days to the place where You obtained it for a full refund.
License: A.N.T. BV grants You and Your purchase, subject to the following terms and conditions including the payment of all license fees, a non-exclusive, nontransferable right to use the accompanying copy of the Software and related documentation on a single computer. If You purchased additional copies of the Software, A.N.T. BV also grants You a non-exclusive, nontransferable right to use these copies on additional computers, according to the number of copies of the Software You obtained. You are allowed to make one copy of the Software in machine readable form solely for back-up purposes. You must reproduce on any such copy all copyright notices and other proprietary legends of the original copy of the Software. This Agreement does not constitute a transfer of any intellectual property right.
You are not allowed to modify, adapt, translate, disassemble, reverse engineer, rent out or lease the Software, including its documentation, or have such work carried out by third parties. You shall not create or attempt to create or permit others to create or attempt to create by decompilation or otherwise, the source code or any part thereof from the object code or from other information made available under this Agreement or otherwise.
Limited Warranty: A.N.T. BV warrants that, for a period of twelve (12) months from the date of purchase (as evidenced by a signed copy of this document) the Software, if operated as directed, will perform substantially in accordance with the specifications identified in the documentation and that the media on which the Software is furnished will be free from defects in materials and workmanship under normal use. A.N.T. BV does not warrant, however, that Your use of the Software will be uninterrupted or that the operation of the Software will be error-free. If the license fees are not received by A.N.T. BV within the payment term, the Software may stop operating automatically.
Except as set forth in the foregoing limited warranty, A.N.T. BV disclaims all other warranties or conditions, either expressed or implied, including the warranties or conditions of merchantability, fitness for particular purpose and non-infringement. If applicable law implies any except as set forth in the foregoing limited warranty, A.N.T. BV disclaims all other warranties or conditions, either expressed or implied, including the warranties or conditions of merchantability, fitness for particular purpose and non-infringement. If applicable law implies any warranties or conditions with respect to the Software, all such warranties or conditions are limited in duration to twelve (12) months from the date of purchase. The Software is not fault-tolerant and is not designed for use or resale as on-line control equipment in hazardous environments, such as medical environments requiring fail-save performance in which the failure of the Software could lead to death or personal injury (high risk activities). A.N.T. BV specifically disclaims any express or implied warranty of fitness for high-risk activities. This warranty gives You specific legal rights and You may have other legal rights that vary from state to state by jurisdiction.
Exclusive remedy: A.N.T. BV’s liability for any breach shall be at A.N.T. BV’s sole discretion, (i) to repair or replace the defective media free of charge or (ii) to accept the return of the Software, including the documentation and refund the purchase price therefore. Any repaired or replaced Software will be warranted for a period of twelve (12) months from the date of purchase. Only if You inform A.N.T. BV of Your problem with the Software during the applicable warranty period and provide evidence of the date You acquired the Software will A.N.T. BV be obliged to honor this warranty.
A.N.T. BV shall not be obliged to correct deviations from the specifications identified in the documentation which in A.N.T. BV’s sole opinion are not substantial or are already corrected in previous releases, updates or versions which have not been accepted by You. The above warranty shall not apply if (i) You have not applied all corrections to the Software provided by A.N.T. BV to You, (ii) You have materially and improperly or incorrectly used or operated the Software, (iii) the problem is caused by defects in the hardware or in the computer programs not delivered by A.N.T Software BV.
Limitation of Liability: A.N.T. BV shall in no event be liable for any indirect, special, incidental, or consequential damages or loss of business, loss of profits, or the like, whether based on breach of contract, tort (including negligence), product liability or otherwise, or for any other damages in excess of A.N.T. BV’s list prices for the Software, even if A.N.T. BV or its representatives have been advised of the possibility of such damages, or for any claim of any other party.
If the liability provisions contained in this article 4 is held illegal or unenforceable pursuant to any court decision or judgment which is not subject to appeal, the liability of A.N.T. BV to You for loss or damage, whether in contract, tort, or otherwise, arising out of or in connection with its performance or its total or partial failure to perform in accordance with the term of this Agreement in respect of any incident or series of incident attributable to the same cause, shall be limited to and shall not exceed the amount actually paid for the Software.
Term: This Agreement shall commence on the date hereof and will remain in force for a period of one (1) year unless breached by You. If a prolongation of the software maintenance and service by A.N.T. BV is desired, this will be agreed upon in a separate service contract.
General: If any provision or part of any provision of this Agreement shall be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the remaining parts of such provision or the remaining provisions of this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their permitted successors or assigns. This Agreement and Your respective benefits and obligations embodied herein shall be assignable by You only with A.N.T. BV’s prior written consent. This Agreement sets forth the entire understanding between You and A.N.T. BV and supersedes any and all prior Agreements, arrangements or understanding related to the subject matter hereof, and shall only be amended or modified by a written Agreement executed by You and A.N.T. BV this Agreement is governed by the laws of The Netherlands, without reference to its conflict of law provisions.
