POSM License Agreement
READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING POSM SUPPLIED SOFTWARE. THIS DOCUMENT CONSTITUTES A LICENSE TO USE THE SOFTWARE ON THE TERMS AND CONDITIONS APPEARING BELOW.
BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE YOU ARE CONSENTING TO BE BOUND BY THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE, THEN DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
The following terms govern your use of the Software except to the extent a particular program (a) is the subject of a separate written agreement with POSM or its dealers. or (b) includes a separate "click-on" license agreement as part of the installation and/or download process. To the extent of a conflict between the provisions of the foregoing documents, the order of precedence shall be (1) the written agreement, (2) the click-on agreement, and (3) this Software License.
This License Agreement is entered into between POSM, the Agent and/or the owner of all rights in respect of the software (herein referred to as "Licensor") of the one part and you, the licensee on the other.
The computer program(s) and related documentation and materials (herein collectively referred to as "the Software") are licensed, not sold, to you for use only upon the terms of this license, and Licensor reserves any rights not expressly granted to you. Licensor retains ownership of all copies of the Software.
GRANT.
Licensor hereby grants you a non-exclusive, non-transferable license to use the Software upon payment of the License Fee until the expiry date of the license (if any). Licensor makes no guarantee of the frequency, value, applicability or content of future updates or modifications to the Software. The Software will only be made available to you in electronic form for download.
The requirement to pay a license fee does not apply to evaluation or beta copies for which Licensor does not charge a license fee. Evaluation and beta licenses expire 30 calendar days from the date of this agreement, unless otherwise agreed to in writing by Licensor. On the date of expiry of the license, licensee agrees to either purchase the Software at the list price in force at that time or to destroy all copies of the Software in electronic or other form, including any copies on backup tapes or other media.
Licensee's use of the Software shall be limited to use on a single hardware chassis, on a single central processing unit, as applicable, or use on such greater number of chassis or central processing units as Licensee may have paid the required license fee.
Licensee's use of the Software shall also be limited, as applicable and set forth in Licensee's purchase order, user documentation, or web site, to a maximum number of (a) seats (i.e. users with access to the installed Software), (b) concurrent users, sessions, ports, and/or issued and outstanding IP addresses, and/or (c) central processing unit cycles or instructions per second. Licensee's use of the Software shall also be limited by any other restrictions set forth in Licensee's purchase order, user documentation or web site for the Software.
You may not: permit other individuals to use the Software except under the terms listed above; translate, reverse engineer, decompile, decrypt, reverse engineer, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; copy the Software (except for back-up purposes); rent, lease, transfer, assign, sub-license or otherwise transfer rights to the Software; or remove any proprietary notices or labels on the Software.
TITLE.
Title, ownership rights, and intellectual property rights in the Software shall remain with POSM. The Software is protected by copyright laws and treaties. Title and related rights in the content generated through the Software is the property of the applicable content owner and may be protected by applicable law.
DISCLAIMER OF WARRANTY.
The Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not Licensor assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement.
PROPRIETARY NOTICES.
Licensee agrees to maintain and reproduce all copyright and other proprietary notices on all copies, in any form, of the Software in the same form and manner that such copyright and other proprietary notices are included on the Software. Except as expressly authorized in this Agreement, Licensee shall not make any copies or duplicates or any Software without the prior written permission of Licensor. Licensee may make such backup copies of the Software as may be necessary for Licensee's lawful use, provided Licensee affixes to such copies all copyright, confidentiality, and proprietary notices that appear on the original.
TERMINATION.
This license will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the Software in electronic or other form, including any copies on backup tapes or other media. Upon termination of this License for any reason, you shall have no right to refund of the whole or part of any License Fee paid.
POSM (Pipeline Observation System Management)
email:
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website: posm.us
phone: 859-274-0041
fax: 707-238-1478
