DAQami™ End User License Agreement
IMPORTANT - READ CAREFULLYThis Measurement Computing Corporation End User License Agreement accompanies the DAQami software product and related
media, printed materials, and "on-line" or electronic documentation ("Software"). The term "Software" also shall include any upgrades,
modified versions or updates of the Software licensed to you by Measurement Computing Corporation. After reading this Agreement,
you will be asked to accept its terms and continue to install the Software or, if you do not wish to accept the Agreement, to decline its
terms, in which case you may not install, use or copy the Software. By clicking on the "I accept the terms in the license agreement"
button, installing, copying or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree
to the terms of this Agreement, click on the "I do not accept the terms in the license agreement " button and/or do not install theSoftware. You will be entitled to a full refund of the purchase price.
The Software is owned by Measurement Computing Corporation. It is protected by copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties, including, without limitation patents and trade secrets. The Software is licensed,
not sold. Upon acceptance of this Agreement, Measurement Computing Corporation grants to you a non-exclusive license to use theSoftware, provided that you agree to the following terms:
1. Use. All title and copyrights in and to the Software are owned by Measurement Computing Corporation. Accordingly, you must
treat the Software like any other copyrighted material, except that you may install and use one copy of the Software on a singlecomputer, provided that you keep the original solely for back-up or archival purposes. Except as stated above, this Agreement
does not grant you any intellectual property rights in the Software.
2. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile,disassemble, modify, translate or otherwise attempt to discover the source code of the Software.
3. Separation of Components. The Software is licensed as a single product. Its component parts may not be separated for use on
more than one computer.
4. Rental. You may not rent, lease, or lend the Software.
5. Transfer. You may not transfer your license to another party.
6. Civil and professional communications. You agree to communicate with Measurement Computing Corporation and its
employees in a civil and professional manner in all matters relating to the support or use of DAQami. Use of abusive or profane
language in written or oral communication will result in the cancellation of your license.
7. Export. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibitedby the United States Export Administration Act or any other export laws, restrictions or regulations.
8. Disclaimer of Warranty. The Software is being delivered to you "AS IS" and Measurement Computing Corporation makes nowarranty, express or implied, of any kind, including, without limitation, as to its use or performance. Good programming procedure
dictates that any application program be thoroughly tested with non-critical data before being relied upon. The entire risk arisingout of the use or performance of the Software remains with you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEASUREMENT COMPUTING CORPORATION AND ITSSUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THESOFTWARE. MEASUREMENT COMPUTING CORPORATION AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS ORIMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AS TO NON-INFRINGEMENT OF THIRD PARTYRIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
9. Limitation of Remedies. Measurement Computing Corporation and its suppliers’ entire liability and your exclusive remedy shallbe, at Measurement Computing Corporation's option, either (a) return of the price paid, if any, or (b) repair or replacement of theSoftware.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEASUREMENT COMPUTINGCORPORATION OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, ORCONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESSPROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISINGOUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDESUPPORT SERVICES, EVEN IF MEASUREMENT COMPUTING CORPORATION HAS BEEN ADVISED OF THE POSSIBILITYOF SUCH DAMAGES.
Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or theexclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply toyou.
10. Indemnification. You agree to use, build, create or develop only those program elements, including without limitation objects orcontrols, for which you have the necessary patent, copyright and other permissions, licenses, and/or clearances. You agree tohold harmless, indemnify and defend Measurement Computing Corporation, its officers, directors and employees, from andagainst any losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of or relating to any claims orcharges that you have used, built, created or developed any program elements in connection with the Software in violation ofanother party’s rights or in violation of any law.
11. Termination. This Agreement shall automatically terminate upon failure by you to comply with its terms. Upon termination, youmust destroy all copies of the Software.
12. Other. This Agreement shall constitute the complete and exclusive agreement between us. This Agreement shall be governed by
the laws of the Commonwealth of Massachusetts, and you hereby consent to the exclusive jurisdiction of the state and federal
courts sitting in the Commonwealth of Massachusetts. This Agreement may only be modified in a separate writing signed by anauthorized officer of Measurement Computing Corporation. If any part of this Agreement is found void or unenforceable, it will notaffect the validity of the other terms of the Agreement, which shall remain valid and enforceable.
YOUR ACCEPTANCE OF THE FOREGOING AGREEMENT WAS INDICATED DURING INSTALLATION.
Copyright(C) 2013 Measurement Computing Corporation, Norton, Massachusetts
DAQami is a trademark of Measurement Computing Corporation.
Universal Library is a trademark of Measurement Computing Corporation.