As a licensee of our products you are legally bound by this license agreement, its terms and conditions. The software, source code and documentation which you have/will acquired is the legal intellectual property of Etch Wright Automation and is protected by the copy right laws of the United States and international copy right treaties. The possession and use of this Software and Documentation is subject to the restrictions contained in this license agreement.
You, the licensee, are explicitly licensed to the type of license identified under license type. This license is nontransferable to any other party other than the licensee.
You may NOT modify, print, publish, sell, give away or distribute this program or it's displays in any manner, shape or form. Failure to comply to this provision will void this License agreement, product support and result in prosecution.
Etch Wright Automation reserves all rights not expressly granted to the licensee.
General TermsThis License will become effective on the date you acquire the Software and will remain in force until terminated. You may terminate this License at any time by destroying the Documentation, Source Code and all binary executables, object code or images built from said source, together with all copies and adaptations. This License shall automatically terminate if you breach any of the terms or conditions. You agree to destroy the original and all copies of the Software and Documentation upon termination of the License.
THE FOLLOWING TERMS AND CONDITIONS ARE PART OF THE LICENSE FOR Etch Wright SOFTWARE. PLEASE READ CAREFULLY BEFORE USING THE SOFTWARE.
TITLE Title and ownership of the Software and any related trademark, trade secrets or copyrights in the Software are and shall remain the exclusive property of Etch Wright and/or its licensors.
RESTRICTED USE In consideration of the Fee, Etch Wright hereby grants to Client a nonexclusive, nontransferable license or sublicense to:
(a)Install each licensed copy of the Software on any single computer at any single location;
(b)Permit employees of the Client to use and operate the software;
(c)Retain a single copy of the Software only for back-up purposes in support of the use of the Software; provided that trademarks and copyright notices (as appropriate) of Etch Wright and/or its licensors appear on each copy and provided that the Documentation is copied in its entirety;
Except with the express written consent of Etch Wright or as stated herein, Client is prohibited from:
(a) installing the Software on more than the authorized number of computers;
(b) copying the Software or Documentation (except for the purposes stated above);
(c) modifying or decompiling the Software (except as stated above);
(d) sublicensing, assigning or transferring the Software or this Agreement, in whole or in part, to any other party;
(e) reverse assembling or decompiling the Software or disclosing the Software or confidential information relating thereto to any third party; and
(f) using any backup or archival copies of the Software (or allowing someone else to use such copies) for any purpose other than to replace the original copy in the event it is destroyed or becomes defective.
TERM This License shall commence on the date of download and shall continue until terminated.
LIABILTIES OR WARRANTIES, EITHER EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, Etch Wright MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, TITLE OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL Etch Wright BE RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR LOST PROFITS AS A RESULT OF CLIENT’S USE OF, OR INABILITY TO USE, THE SOFTWARE, EVEN IF Etch Wright IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Entire Agreement. This Agreement, together with the Schedule, and order confirmations attached hereto or incorporated herein by reference, sets forth the entire understanding between Client and Etch Wright with respect to the subject matter hereof. This Agreement may be amended only in writing signed by both parties. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, SALES PERSON OR OTHER PERSON IS AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY, REPRESENTATION OR PROMISE WHICH IS DIFFERENT THAN, OR IN ADDITION TO, THE REPRESENTATIONS OR PROMISES OF THIS AGREEMENT.
Waiver. No waiver of any right under this Agreement shall be effective unless in writing, signed by a duly authorized representative of Etch Wright. Failure to insist upon strict compliance with this Agreement shall not be deemed to be a waiver of any future right arising out of this Agreement.
Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if the illegal, invalid or unenforceable provision had never been a part of this Agreement.
United States Government Restricted Rights. The enclosed Software and Documentation are provided with Restricted Rights. Use, duplication or disclosure by the U.S. Government or any agency or instrumentality thereof is subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 48 C.F.R. 252.227-7013, or in subdivision (c)(1) and (2) of the Commercial Computer Software Restricted Rights Clause at 48 C.F.R. 52.227-19, as applicable.
Export Controls. Client will not directly or indirectly transfer the Software or Documentation to any country to which the U.S. Export Administration Act and the regulations would prohibit such transfer issued thereunder. Client shall, at its own expense, obtain any required governmental consents, approvals, clearances or licenses required to export the Software to any country.
Termination. This license and all rights to use this Software automatically terminate if Client fails to comply with any provisions of this Agreement, destroys the copies of the Software in its possession, or voluntarily returns the Software to Etch Wright. Upon termination Client agrees to destroy all copies of the Software and Documentation. Otherwise, the restrictions on Client’s right to use the Software will expire upon expiration of the copyright in the Software.
Non-Payment. Client will pay all invoices presented promptly under the terms of the invoice. Interest will accrue at 18% annual rate from the invoice due date. Client will pay all collection fees in addition to the original invoice and accrued interest if collection action is necessary to collect on past due invoices. This includes but is not limited to attorney’s fees, collection fees and court costs.
Governing Language. The parties hereto have expressly required that the present Agreement and Schedules be entered into the English language. Should a translation of this Agreement into any other language be required or desired for any other reason, it is understood that the English text shall govern any matter involving the interpretation of this Agreement.
Governing Laws Except as otherwise restricted by law, this License shall be governed by,
and interpreted in accordance with, the laws of the State of Georgia of
the United States of America, without regard to Laws of Georgia governing
conflicts of law. Furthermore, it is understood that this License shall
be treated as though it were executed in the State of Georgia. The parties
agree that any action relating to this License shall be prosecuted in the
courts of competent jurisdiction of the State of Georgia.
Entire License This License sets forth the entire understanding of the License between
you and Etch Wright Automation and may be amended only in writing by
both parties. No vendor, distributor, dealer, retailer, sales person
or other person is authorized to modify this License or to make any
warranty, representation, or promise which is different than, or in
addition to, the representations or promises of this license.
Warning: This computer program and its documentation are protected by
copyright law and international treaties. Unauthorized reproduction,
use or distribution of this program, or any portion of it, will result
in severe civil and criminal penalties and will be prosecuted to the
maximum extent possible under the law.
I do NOT agree to the above license