Product EULA
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Product EULA

Except as otherwise specifically provided herein, this software may not, in whole or in any part, be copied, reproduced, transmitted, translated (into any language, natural or computer), stored in a retrieval system, reduced to any electronic medium or machine readable format, or by any other form or means without prior consent, in writing, from Sensors & Software Inc..

IMPORTANT: Do not continue until you have read this End User License Agreement (the “Agreement”). By installing or using this Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use this Software. If you are not sure that you are authorized by your employer to accept this Agreement, give this document to a principal in your company before proceeding. This Agreement is a legally binding document setting forth the manner by which you may use the Software. Carefully read the terms and conditions of this Agreement before using this Software. Use of the Software indicates your acceptance of the following terms and conditions:

1) License. Sensors & Software Inc. grants you a personal, non-transferable, non-exclusive, limited license to use this Software for internal use only solely in accordance with the documentation on a single computer device. The “Software” is defined as the Software contained in this package. The Software may only be used or copied only in accordance with the terms of this Agreement. You may make one copy of the Software in machine-readable form for backup purposes only.

2) Ownership. The Software shall remain the property of Sensors & Software Inc. including the media on which the Software is contained. Sensors & Software Inc. retains ownership of the proprietary information contained within the Software as well as all copies of the Software made by you and the user manuals and other supporting materials.

3) Trademarks. All trademarks listed at https://www.sensoft.ca/trademarks/ are trademarks of Sensors & Software Inc. and SPX Corporation. You agree to reproduce the trademark, copyright, patent and other intellectual property rights notices contained in the original on any copies you make of the Software and documentation.

4) Use. The “user” is defined as the original downloader and any user of the Software. The Software may be used on a single computer at a time. Neither you nor any of your authorized users may, without Sensors & Software Inc. written permission:

a) distribute, publish, sublicense, rent, lease, lend, sell or otherwise make available any portion of the Software or any features or functionality of the Software ;
b) modify or prepare derivative works of the Software;
c) use the Software in a computer-based services business;
d) distribute the Software product electronically by any means;
e) use the Software product in multiple computer or multiple user arrangements;
f) reverse engineer, disassemble, decode, or decompile or otherwise attempt to derive or gain access to the source code of the Software or any part thereof;
g) sell or transfer the Software to any third party;
h) modify or translate the Software or accompanying documentation; or
i) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Software or Documentation, including any copy thereof

5) Taxes. You will pay all taxes, including use and property taxes, due to your use of the Software.

6) Warranty. Sensors & Software Inc. releases this Software without any warranty, guarantee or support. The Software is furnished “as is” and without warranty as to the performance or results, you may be able to obtain by using the Software. The entire risk as to the results and performance of the Software is assumed by you. SENSORS & SOFTWARE INC. (TOGETHER WITH ITS AFFILIATED ENTITIES) EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION TO THE FOREGOING, THE LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE LICENSED SOFTWARE WILL MEET THE LICENSEE’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

7) Limitation of Liability. In no event shall either Sensors & Software Inc. or its subsidiaries, affiliates, partners, agents, contractors and the like be liable for any interruption, delay or inability to use the Software , lost revenues or profits, delays, interruption or loss or services, business or goodwill, loss or corruption of data, loss resulting from system or system service failure, malfunction or shutdown, failure to accurately transfer, read or transmit information, failure to update or provide correct information, system incompatibility or provision of incorrect compatibility information, or breaches in system security, or for any direct, indirect, incidental, or consequential damages, or damage to any equipment, even if Sensors & Software Inc. has knowledge of the potential for such loss or damage. In no event shall Sensors & Software Inc. be liable for any loss of data.

8) Assignment. You may only transfer or assign this Agreement to a successor of your business that uses the Software. Any other transfer or assignment of this Agreement is null and void. This agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.

9) Termination. This Agreement is effective until terminated. You may terminate it at any time by destroying the Software. Sensors & Software Inc. may also terminate it immediately at its sole discretion if you fail to comply with any term of this Agreement. Upon termination, you agree to destroy the Software.

10) Governing Law. The laws of the Province of Ontario and the Federal Law of Canada applicable in the Province of Ontario govern this Agreement, without giving effect to any choice or conflict of law provisions or rules.

11) This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

12) Sensors & Software Inc. may, in its sole discretion, audit your use of the Software under this Agreement at any time during the Term to ensure your compliance with this Agreement, provided that (i) any such audit shall be conducted during business hours on not less than thirty (30) days’ prior notice to you, and (ii) no more than one (1) audit may be conducted in any twelve (12) month period except for good cause shown. You shall reasonably cooperate with Sensors & Software Inc. personnel (and, if applicable, agents) conducting such audits and provide reasonable access requested by Sensors & Software Inc. to records, systems, equipment, information and personnel, including machine IDs, serial numbers and related information. If the audit determines that the your use of the Software exceeds or exceeded the use permitted by this Agreement then, you shall, within thirty (30) days following the date of Sensors & Software Inc.’s written notification thereof, pay to Sensors & Software Inc. the retroactive license fees for such excess use, pay to Sensors & Software Inc. an additional ten percent (10%) penalty fee and, unless Sensors & Software Inc. terminates this Agreement, obtain and pay for a valid license to bring use into compliance with this Agreement.

13) Export Regulation. The Software and documentation may be subject to export control laws. You shall not, directly or indirectly, export, re-export or release the Software or documentation to, or make the Software or documentation accessible from any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation.

14) If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term, provision of this Agreement, invalidate, render unenforceable such term, or provision in any other jurisdiction.

15) Contact Sensors & Software Inc.: You can contact :

Sensors & Software Inc.
1040 Stacey Court Mississauga, Ontario Canada L4W 2X8
Tel:(905) 624-8909
Toll Free: 1-800-267-6013

E-mail: customerservice@sensoft.ca

Due to a policy of continued development, we reserve the right to alter or amend any published specification without notice. This document may not be copied, reproduced, transmitted, modified or used, in whole or in part, without the prior written consent of Sensors & Software Inc..