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SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE OR USER GUIDES.
BY CLICKING ON THE "ACCEPT" BUTTON, OPENING THE PACKAGE, DOWNLOADING THE SOFTWARE AND/OR USER GUIDES, PRODUCT USER MANUALS, AND OTHER PROPRIETARY DATA OR INFORMATION, IN WRITTEN OR ELECTRONIC FORM (COLLECTIVELY, THE “PRODUCT” OR “Product”), YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD THE PRODUCT.
License Grant: Sabtech Industries, Inc. ("Sabtech") grants to Customer ("Customer") a nonexclusive and nontransferable license to use the Product solely in connection with Customer’s lawful utilization of the services and products offered by Sabtech Industries, Inc.
EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY, IN WHOLE OR IN PART, THE PRODUCT OR ANY RELATED DOCUMENTATION; MODIFY THE PRODUCT; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE PRODUCT; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE PRODUCT.
Customer agrees that aspects of the Product constitute trade secrets and/or copyrighted material of Sabtech. Customer agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of Sabtech. Customer agrees to implement reasonable security measures to protect such trade secrets and copyrighted material. All right, title and interest in the Product, all related documentation, and all derivative works thereof, shall remain solely with Sabtech. Sabtech expressly reserves all rights not expressly granted herein to Customer. Customer agrees that the failure of Sabtech to exercise or enforce any rights under this Agreement shall not constitute a waiver of such rights.
ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
IN NO EVENT WILL SABTECH BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF SABTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Sabtech's liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer for the Product. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
The above warranty DOES NOT apply to Product for which Sabtech does not receive a license fee. All such Product, and related documentation, are provided AS IS without any warranty whatsoever.
This License is effective until terminated. Customer may terminate this License at any time by destroying all copies of the Product, including any documentation. This License will terminate immediately without notice from Sabtech if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy all copies of Software.
Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software.
This License shall be governed by and construed in accordance with the laws of the State of California, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect. This License constitutes the entire License between the parties with respect to the use of the Product.
Restricted Rights - Sabtech's software is provided to non-DOD agencies with RESTRICTED RIGHTS and its supporting documentation is provided with LIMITED RIGHTS. Use, duplication, or disclosure by the Government is subject to the restrictions as set forth in subparagraph "C" of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19. In the event the sale is to a DOD agency, the government's rights in software, supporting documentation, and technical data are governed by the restrictions in the Technical Data Commercial Items clause at DFARS 252.227-7015 and DFARS 227.7202. Manufacturer is Sabtech Industries, Inc., 23231 La Palma Avenue, Yorba Linda, CA 92887.