Software License Agreement
This legal document is an agreement between you, the LICENSEE, and Nearfield Systems Incorporated (NSI). By opening this sealed envelope you are agreeing to become bound by the terms of this software license agreement. If you do not agree to these terms, DO NOT OPEN THIS PACKAGE. Promptly return it, along with all printed documentation to Nearfield Systems Inc.
The envelope this document is attached to contains the following items :
- NSI Software
- Hardlock (may be included)
- Copy of the Software License Agreement
- GRANT OF LICENSE. In consideration for the payment of the license fee, which is part of the price you have paid for your system, NSI, as LICENSOR, grants you, the LICENSEE, a non-exclusive right to use this copy of NSI's software program (hereinafter, the "SOFTWARE") on a single computer at a single location.
- OWNERSHIP OF SOFTWARE. As the LICENSEE, you own the magnetic or other physical media on which the SOFTWARE is originally or subsequently recorded or fixed, but NSI retains title and ownership of the SOFTWARE recorded on the original disk and all subsequent copies of the SOFTWARE, regardless of the form or media on which the original and any other copies may exist. This license is not a sale of the original software or any copy.
- COPY RESTRICTIONS. This SOFTWARE and the accompanying written materials are copyrighted. Unauthorized copying of the SOFTWARE, including SOFTWARE that has been modified, merged or included with other software, or of the written materials is expressly forbidden. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this License.
- USE RESTRICTION. As the LICENSEE, you may physically transfer the SOFTWARE from one computer to another, provided that the SOFTWARE is used on only one computer at a time. You may not distribute copies of the SOFTWARE or accompanying written materials to others. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the SOFTWARE or written materials except for your own use.
- TRANSFER RESTRICTIONS. This SOFTWARE is licensed only to you, the LICENSEE, and may not be transferred to anyone without the prior written consent of NSI. Any authorized transfer of the SOFTWARE shall be bound by the terms and conditions of this Agreement. In no event may you transfer, assign, rent, lease, sell, or otherwise dispose of the SOFTWARE on a temporary or permanent basis except as expressly provided herein.
- TERMINATION. This license is effective until terminated. If you, the LICENSEE fail to comply with any provision of the license, NSI will notify you of the failure and permit you sufficient time to correct such failure. Non-correction of such failure within sufficient time will result in license termination. Upon termination you shall destroy the written materials and all copies of the SOFTWARE including modified copies, if any.
- UPDATE POLICY. NSI may create, from time to time, updated versions of the SOFTWARE. At its option, NSI will make such updates available to the LICENSEE.
- U.S. GOVERNMENT RESTRICTED RIGHTS. The software, hardlock, and documentation are "commercial items" 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. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 and 48 C.F.R. 252.227-7014(a)(5) and 48 C.F.R. 252.227-7014(a)(1), all U.S. Government end users acquire the software and documentation with only those rights set forth herein.
- MISCELLANEOUS. This Agreement is governed by the State of California.