Coretex USA, Inc - License for Coretex Software
This license (License) applies to any software that Coretex USA, Inc (Coretex) may supply to you or that you may otherwise install, copy, download, access or use (Coretex Software), together with any associated media, printed materials, and "online" or electronic documentation (collectively Coretex Software Products). The Coretex Software Products also include any, bug-fixes updates and supplements to the original Coretex Software Products provided to you by Coretex. Any software provided along with the Coretex Software Products that is associated with a separate end user license agreement is licensed to you under the terms of that license agreement.
By submitting an application form to, or entering into an Agreement with, Coretex for the supply of Coretex products and/or services, or by installing, copying, downloading, accessing or otherwise using the Coretex Software Products, you agree to be bound by the terms of this License. Where your access and use is on behalf of another person (e.g. a company); (a) you confirm that you are authorised to, and do in fact, agree to this License on that person’s behalf and that, by agreeing to this License on that person’s behalf, that person is bound by this License; and (b) you means both you and the other person on whose behalf you are acting.
Where you have submitted an application form to Coretex for the supply of Coretex products and/or services that is governed by Coretex’s standard terms and conditions (as set out at www.coretex.com\legal] (Standard Terms), the Agreement means the agreement between you and Coretex arising under that application form, comprising the Standard Terms, this License and the application form, and this License forms part of, and is governed by, the Agreement. If there is any inconsistency between the documents that form part of the Agreement, the following order of precedence applies: the Standard Terms first, this Licence second, and the application form last.
If you have entered into an agreement with Coretex other than under an application form governed by the Standard Terms, the Agreement means that agreement, this License forms part of, and is governed by, that agreement, and the terms of that agreement will have precedence over this License in the event of any inconsistency .
1. GRANT OF LICENSE. The Coretex Software Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Coretex Software Products are licensed, not sold. Provided you have paid the license fees owing under the Agreement and are otherwise in compliance with all of the terms and conditions of this License, you may use during the License Term (as defined below) the Coretex Software on the number of single computers (including a workstation, terminal or other digital electronic device) (Computer) set forth in this Section 1. You may also store or install such copy of the Coretex Software on a storage device, such as a network server, used only to install or run the Coretex Software on your other Computers over an internal network, provided the number of separate Computers on or from which the Coretex Software is installed, used, accessed, displayed or run does not exceed the number allowed by this Section 1. The number of Computers for which the Coretex Software is licensed are five (5) plus one (1) for each 100 Coretex Hardware units which are the subject of the Agreement. By way of example only, if you have purchased 450 Coretex Hardware units, you will be entitled to install the Coretex Software on nine (9) Computers (5 plus 4 (1 for each group of 100 Coretex Hardware units)). You may purchase the right to install and use the Coretex Software on additional Computers by paying a fee per additional Computer per month. A license for the Coretex Software Products may not be otherwise shared or used concurrently on different Computers. The Coretex Software is licensed as a single product. Its component parts may not be separated for use on more than one Computer.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. You must not reverse engineer, decompile, or disassemble the Coretex Software Product, except and then only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You must not assign, transfer, rent, lease or lend this License or the Coretex Software Products. This License does not grant you any rights in connection with any trademarks or service marks of Coretex. Without prejudice to any other rights, Coretex may terminate this License if you fail to comply with the terms and conditions of this License or the Agreement. In such event, you must destroy all copies of the Coretex Software Products and all of their component parts.
3. SUPPORT SERVICES AND UPGRADES. Coretex may provide you with Coretex Support Services. Use of Coretex Support Services is governed by the Coretex policies and programs described in the Agreement, the user manual, in "on line" documentation and/or other Coretex provided materials. Any software code provided to you as part of the Coretex Support Services will be considered part of the Coretex Software Products and subject to the terms and conditions of this License. With respect to technical information you provide to Coretex as part of the Support Services, Coretex may use such information for its business purposes, including for product support and development or as otherwise set forth in the Agreement. Except as set forth in the Agreement, Coretex will not utilize such technical information in a form that personally identifies you. If the Coretex Software Product is labeled as an upgrade, you must be properly licensed to use a product identified by Coretex as being eligible for the upgrade in order to use the Coretex Software Product. A Coretex Software Product labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this License. If the Coretex Software Product is an upgrade of a component of a package of software programs that you licensed as a single product, the Coretex Software Product may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
4. COPYRIGHT. All title and intellectual property rights in and to the Coretex Software Products (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Coretex Software Products), the accompanying printed materials, and any copies of the Coretex Software Products are owned by Coretex or its licensors. All title and intellectual property rights in and to the content which may be accessed through use of the Coretex Software Products is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This License grants you no rights to use such content. All rights not expressly granted are reserved by Coretex.
5. DUAL MEDIA SOFTWARE. You may receive the Coretex Software Products in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your Computer(s). You must not use or install the other medium on another computer. You must not loan, rent, lease, lend or otherwise transfer the other medium to another user.
6. U.S. GOVERNMENT RESTRICTED RIGHTS. If the Coretex Software Products is supplied to or purchased by or on behalf of the United States Government, then the Coretex Software Products are deemed to be a "Commercial Item," as that term is defined in 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, such Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions set forth in this License. Manufacturer is Coretex USA, Inc; its address is set forth below.
7. TERM. The term of this License (License Term) commences on the date the Agreement takes effect (Effective Date) and terminates on the date you cease to be eligible to receive Coretex Data Services under the Agreement or the end of the Term of the Agreement, whichever occurs first.
8. NO SEPARATE WARRANTY. Coretex does not separately warrant the performance of the Coretex Software Products. The performance of the Coretex Software Products is warranted, if at all, as part of the warranty for the Coretex Products which is contained in the Agreement. EXCEPT AS SET FORTH IN THE PREVIOUS SENTENCE, ALL CORETEX SOFTWARE PRODUCTS ARE LICENSED “AS IS.”
9. YOUR REMEDIES. Coretex’s and its suppliers’ and licensor’s entire liability and your exclusive remedy for defects in material or workmanship in any Coretex Software Product will be as set forth in the Agreement.
10. NO OTHER WARRANTIES. CORETEX EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS, WARRANTIES AND/OR OBLIGATIONS (EXPRESS OR IMPLIED) FOR THE CORETEX SOFTWARE PRODUCTS OR ANY PORTION OF THE CORETEX SOFTWARE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATIONS WARRANTIES AND/OR OBLIGATIONS (A) OF ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS, INTEGRATION, ADEQUACY, TITLE, COMPATIBILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, (B) THAT CORETEX SOFTWARE PRODUCTS WILL OPERATE ERROR-FREE, CONTINUOUSLY OR WITHOUT INTERRUPTION OR IS OR WILL BE SECURE AND FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT, (C) THAT THE CORETEX SOFTWARE PRODUCTS AND/OR THE TRANSACTIONS ENTERED INTO USING CORETEX SOFTWARE PRODUCTS WILL BE FREE FROM MANIPULATION AND/OR FRAUD AND (D) THAT MAY ARISE BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
11. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CORETEX OR ITS SUPPLIERS BE LIABLE BEYOND THE LIMITS OF LIABILITY SET FORTH IN THE AGREEMENT.
12. MISCELLANEOUS. All applicable provisions in the Agreement, unless expressly modified by a provision of this License, apply to this License as if set forth in this License in full. Unless the context requires otherwise, all capitalized defined terms in the Agreement have the same meaning in this License.