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Data Sentinel R1.2.6 Evaluation
| Download Evaluation Version |
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| Before downloading the evaluation version of Data Sentinel R1.2.6, you must read
the terms and conditions set out in our EULA (End User License Agreement).
By choosing to download the evaluation version of Data Sentinel R1.2.6, you are
agreeing to and accepting these terms and conditions. |
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| IONX SOFTWARE END USER LICENSE AGREEMENT |
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| IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA")
IS A LEGAL AGREEMENT BETWEEN YOU AND IONX. READ IT CAREFULLY BEFORE USING
THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY
INFORMATION AND LIABILITY DISCLAIMERS. BY CHOOSING TO INSTALL THE SOFTWARE
AND BY USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE
AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT
AGREE TO BE BOUND BY THESE TERMS, THEN UNINSTALL THE SOFTWARE FROM YOUR
COMPUTER. |
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| 1. Definitions |
| "Software" means only the Ionx software program(s) and third
party software programs, in each case, supplied by Ionx herewith, and corresponding
documentation, associated media, printed materials, and online or electronic
documentation. |
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| 2. License Grants |
- You may install and use the Software on a single computer that has
Windows 2000, NT or XP installed. A license for the Software may not
be shared, installed or used concurrently on different computers.
- You may make one copy of the Software in machine-readable form
solely for backup purposes. You must reproduce on any such copy all
copyright notices and any other proprietary legends on the original
copy of the Software.
- You agree that Ionx may audit your use of the Software for compliance
with these terms at any time, upon reasonable notice.
- Your license rights under this EULA are non-exclusive.
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| 3. License Restrictions |
- Other than as set forth in Section 2, you may not make or distribute
copies of the Software, or electronically transfer the Software from
one computer to another or over a network.
- You may not alter, merge, modify, adapt or translate the Software,
or decompile, reverse engineer, disassemble, or otherwise reduce the
Software to a human-perceivable form.
- You may not sell, rent, lease, or sublicense the Software.
- You may not modify the Software or create derivative works based upon
the Software.
- In the event that you fail to comply with this EULA, Ionx may terminate
the license and you must destroy all copies of the Software (with all
other rights of both parties and all other provisions of this EULA surviving
any such termination
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| 4. Ownership |
| The foregoing license gives you limited license to use the Software. Ionx
and its suppliers retain all right, title and interest, including all copyright
and intellectual property rights, in and to, the Software and all copies
thereof. All rights not specifically granted in this EULA are reserved by
Ionx. |
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| 5. WARRANTY DISCLAIMER |
- THE SOFTWARE IS PROVIDED TO ON AN "AS-IS" BASIS. IONX
PROVIDES NO WARRANTIES FOR THE SOFTWARE.
- IONX DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS,
IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT.
IONX DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE
WITHOUT INTERRUPTION. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED
FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING
WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION
OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS,
AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. IONX SPECIFICALLY
DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
- IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE
SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90)
DAYS FROM THE DATE OF DELIVERY.
- NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY IONX OR ITS
EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF
ANY WARRANTY PROVIDED HEREIN.
- (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT
VARY FROM STATE TO STATE.
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| 6. LIMITATION OF LIABILITY |
- IONX SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT
OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION
OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE
AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH
OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF IONX OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE
FAILED OF ITS ESSENTIAL PURPOSE.
- IONX'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE
WHATSOEVER WILL BE LIMITED TO THE GREATER OF £50 OR THE AMOUNT
PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
- (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL
RIGHTS THAT VARY FROM STATE TO STATE.
- THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO
THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA.
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| 7. Basis of Bargain |
| The Warranty Disclaimer, Exclusive Remedies and Limited Liability set
forth above are fundamental elements of the basis of the agreement between
Ionx and you. Ionx would not be able to provide the Software on an economic
basis without such limitations. |
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| 8. Consumer End Users Only |
The limitations or exclusions of warranties and liability contained in
this EULA do not affect or prejudice the statutory rights of a consumer
(i.e., a person acquiring goods otherwise than in the course of a business).
The limitations or exclusions of warranties, remedies or liability contained
in this EULA shall apply to you only to the extent such limitations or
exclusions are permitted under the laws of the jurisdiction where you
are located.
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| 9. Third Party Software |
| The Software may contain third party software that requires notices and/or
additional terms and conditions. Such required third party software notices
and/or additional terms and conditions are included with the Software are
made a part of and incorporated by reference into this EULA. |
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| 10. General |
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This EULA shall be governed by and shall be interpreted in accordance
with Scottish law, and the parties submit to the exclusive jurisdiction
of the Scottish courts.
This EULA contains the complete agreement between the parties with respect
to the subject matter hereof, and supersedes all prior or contemporaneous
agreements or understandings, whether oral or written. You agree that
any varying or additional terms contained in any purchase order or other
written notification or document issued by you in relation to the Software
licensed hereunder shall be of no effect. The failure or delay of Ionx
to exercise any of its rights under this EULA or upon any breach of this
EULA shall not be deemed a waiver of those rights or of the breach.
If any provision of this Agreement shall be held by a court of competent
jurisdiction to be contrary to law, that provision will be enforced to
the maximum extent permissible, and the remaining provisions of this Agreement
will remain in full force and effect.
All questions concerning this EULA shall be directed to: Ionx, 10 Kingfisher Drive,
Inverurie, Aberdeenshire, AB51 6AF, Scotland.
Any trademarks contained in the Software are trademarks or registered
trademarks of Ionx in Scotland and/or other countries. Third party trademarks,
trade names, product names and logos may be the trademarks or registered
trademarks of their respective owners. You may not remove or alter any
trademark, trade names, product names, logo, copyright or other proprietary
notices, legends, symbols or labels in the Software. This EULA does not
authorise you to use Ionx's names or any of their respective trademarks.
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