image
image
OTIS Software License Agreement

This is a legal agreement between you, the end user, and Spiral Technology, Inc. ("Spiral Technology"). The enclosed Spiral Technology software program ("the SOFTWARE") is licensed by Spiral Technology for use only on the terms set forth herein. Please read this license agreement. Opening this diskette package indicates that you accept these terms. If you do not agree to these terms, return the full product with proof of purchase to Spiral Technology, Inc. within 30 days for a full refund.

GRANT OF LICENSE. Spiral Technology grants to you the right to use one copy of the enclosed SOFTWARE on a single terminal connected to a single computer (i.e. single CPU) or to a network server. If you install the SOFTWARE on a network server, you must purchase a separate copy of the SOFTWARE for each computer terminal that will be used to operate the SOFTWARE.

GRANT OF NETWORK LICENSE. If you are acquiring a version of the SOFTWARE specifically configured for network use, Spiral Technology grants to you the right to use the SOFTWARE on a LICENSED COMPUTER NETWORK as provided below. A computer network is any combination of two or more terminals that are electronically linked and capable of sharing the use of a single software program. A LICENSED COMPUTER NETWORK is a computer network for which you have acquired and dedicated at least one (1) Spiral Technology standard version of the SOFTWARE (which can run stand alone or as a network server.) For additional users to use the SOFTWARE on the network you must acquire LAN NODES or network packs. You may have as many copies of the SOFTWARE in simultaneous use on the network as is specifically authorized in the documentation accompanying the SOFTWARE. Where no specific authorization is given in the documentation, one LAN NODE or network pack is required for each copy of the SOFTWARE in simultaneous use on the network.

COPYRIGHT. The SOFTWARE is owned by Spiral Technology or its suppliers and is protected by United States copyright laws and international treaty provisions. You may either (a) make two copies of the SOFTWARE solely for backup or archival purposes provided that you reproduce all copyright and other proprietary notices that are on the original copy of the SOFTWARE provided to you, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes.

OTHER RESTRICTIONS. You may not share, resell, rent or lease the SOFTWARE. You may not reverse engineer, decompile, disassemble, or create derivative works from the SOFTWARE.

GOVERNMENT LICENSEE. If you are acquiring the SOFTWARE on behalf of any unit or agency of the United States Government, the following provisions apply:

The Government acknowledges Spiral Technology's representation that the SOFTWARE and its documentation were developed at private expense and no part of them is in the public domain.

The Government acknowledges Spiral Technology's representation that the SOFTWARE is "Restricted Computer Software" as that term is defined in Clause 52.227-19 of the Federal Acquisition Regulations (FAR) and is "Commercial Computer Software" as that term is defined in Subpart 227.471 of the Department of Defense Federal Acquisition Regulation Supplement (DFARS). The Government agrees that:

  • (i) if the SOFTWARE is supplied to the Department of Defense (DoD), the SOFTWARE is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the SOFTWARE and its documentation as that term is defined in Clause 252.227-7013 (c) (1) of the DFARS, and
  • (ii) if the SOFTWARE is supplied to any unit or agency of the United States Government other that DoD, the Government's rights in the SOFTWARE and its documentation will be as defined in Clause 52.227-19 (c) (2) of the FAR.

RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013. Spiral Technology, Inc., 229 East Avenue K-8, Suite 105, Lancaster, CA 93535.

EXPORT LAW ASSURANCES. You acknowledge and agree that the SOFTWARE is subject to restrictions and control imposed by the United States Export Administration Act (the "ACT") and the regulations thereunder. You agree and certify that neither the SOFTWARE nor any direct product thereof is being or will be acquired, shipped, transferred or reexported, directly or indirectly, into any country prohibited by the ACT and the regulations thereunder or will be used for any purpose prohibited by the same.

GENERAL. This Agreement will be governed by the laws of the State of California, except for that body of law dealing with conflicts of law. Should you have any questions concerning this Agreement, or if you desire to contact Spiral Technology for any reason, please write: Spiral Technology Customer Sales and Service, 229 East Avenue K-8, Suite 105, Lancaster, CA 93535.

Software Limited Warranty

To the original customer only, Spiral Technology provides the following warranties.

SIXTY (60) DAY SATISFACTION GUARANTY. For sixty (60) days after delivery of the SOFTWARE to you, if you are dissatisfied with the SOFTWARE for any reason you may return the complete product, with you receipt, to Spiral Technology or an authorized dealer, postage prepaid, during the sixty (60) day period for a full refund.

LIMITED WARRANTY FOR NEXT SIXTY (60) DAYS. Spiral Technology warrants that for the sixty (60) days following the initial sixty day period, as evidenced by a copy of your receipt, or until the SOFTWARE is modified by you, whichever period is shorter, that: (1) The SOFTWARE, unless modified by you, will perform substantially the functions described in the documentation provided by Spiral Technology. (2) The media on which the SOFTWARE is furnished will be free from defects in materials and workmanship under normal use.

Your sole remedy under the warranty during this sixty (60) day period is that Spiral Technology will undertake to correct within a reasonable period of time any reported "SOFTWARE Error" (failure of the SOFTWARE to perform substantially the functions described in the documentation), correct errors in the documentation, and replace any magnetic media which proves defective in material or workmanship on an exchange basis without charge. In order to make a claim under this warranty you must return the defective item with your receipt to Spiral Technology Inc., postage prepaid, within ten (10) days after the warranty period. If Spiral Technology is unable to replace defective media or if Spiral Technology is unable to provide corrected SOFTWARE or corrected documentation within a reasonable time, Spiral Technology will, at its sole and exclusive option, either replace the SOFTWARE with a functionally equivalent program at no charge to you or refund the license fee of the SOFTWARE. These are your sole and exclusive remedies for any breach of warranty during this sixty (60) day period.

Spiral Technology does not warrant that the SOFTWARE will meet your requirements, that operation of the SOFTWARE will be uninterrupted or error-free, or that all SOFTWARE errors will be corrected. Spiral Technology is not responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems which are made after the release of the SOFTWARE nor for problems in the interaction of the SOFTWARE with non- Spiral Technology software. Spiral Technology will have no responsibility to replace or refund the license fee of media damaged by accident, abuse or misapplication.

THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SPIRAL TECHNOLOGY, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THE EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

Limitations of Remedies

REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SPIRAL TECHNOLOGY BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH EVEN IF SPIRAL TECHNOLOGY OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

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.

IN NO CASE SHALL SPIRAL TECHNOLOGY's LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE.

Spiral Technology Inc.
229 East Avenue K-8, Suite 105
Lancaster, CA 93535

(661) 723-3148
www.spiraltechinc.com


Site Map  |   Contact


image
Top of Page