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Software License Agreements

Astek has different software license agreements depending on the product you are using. Below is a list of Astek products and associated license agreement. If you are unsure of what license agreement applies to your product, please contact your Astek Sales Representative.

 Product Family License Agreement 
 eGuard  eGuard End User License Agreement
 Drive Doctor  TBD
 All other products  General Software License Agreement

 

eGuard End User License Agreement (EULA)

BY USING ASTEK eGuard SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DESTROY AND DO NOT USE THIS SOFTWARE AND/OR USE THIS INTELLECTUAL PROPERTY. 

1. Grant of License

Astek Corporation grants you, the original licensee, a non-exclusive, non-assignable, non-transferrable license to use the eGuard product source code and binary code. The eGuard product may be used in source and binary forms, with or without modifications, with the following conditions:

1. The source code must retain the copyright notice, list of conditions, and license information.

2. Distribution of source code is not authorized.

3. The software may only be used in connection with an Astek eGuard product.

2. Copyright

The eGuard product, software, its component parts and user interface, and associated documentation, are owned by Astek and are protected by the United States laws and international treaty provisions. Therefore, you must treat the eGuard product and all related documentation like any other copyrighted material.

Attention is drawn to the possibility that some of the elements of the eGuard product may be the subject of other intellectual properly rights (collectively, "IPR") or third parties. Astek Corporation shall not be responsible now or in the future for identifying any or all such IPR.

3. Disclaimer

THIS SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. ANY USE OF THE SOFTWARE SHALL BE MADE ENTIRELY AT THE USER'S OWN RISK. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR ANY CONTRIUBUTER OF INTELLECTUAL PROPERTY RIGHTS TO THE SOFTWARE PROPERTY BE LIABLE FOR ANY CLAIM, OR ANY DIRECT, SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY ALLEGED INFRINGEMENT OR ANY LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR UNDER ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE IMPLEMENTATION, USE, COMMERCIALIZATION, OR PERFORMANCE OF THIS SOFTWARE.

 

General Software License Agreement

1. Grant of License

Astek Corporation grants you, the original licensee, the limited right to use one (1) copy of the enclosed Astek software program(s) in object code form only. (the SOFTWARE) on a single terminal connected to a single computer. The SOFTWARE must be licensed from Astek for use by more than one (1) user on the network. On Astek’s current licensing terms, and the provisions of this agreement apply to those users. You may not use the SOFTWARE on a second computer without express permission from Astek.

2. Copyright

This SOFTWARE, its component parts and user interface, and associated documentation, are owned by Astek or its suppliers and are protected by the United States laws and international treaty provisions. Therefore, you must treat the SOFTWARE and all related documentation like any other copyrighted material except that you may either: (a) make one (1) copy of the SOFTWARE solely for backup and archival purposes, or (b) transfer the SOFTWARE to a single hard disk, provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE.

3. Other Restrictions

You may not rent, sublicense, lease, or distribute the SOFTWARE, by any means or in any form, but you may transfer the original diskette(s) of the SOFTWARE and original written documentation on a one-time basis provided you retain no copies of the SOFTWARE and written materials and the recipient assumes all of the terms of this Agreement. You may not reverse engineer, decompile, or disassemble the SOFTWARE.

4. Limited Warranty

Astek grants a limited warranty only to the original licensee that the SOFTWARE will perform substantially in accordance with the accompanying written documentation prepared by Astek for a period of 90 days from the date of receipt by the original licensee.

Astek’s entire liability and the original licensee’s exclusive remedy for breach of the warranty above shall be at Astek’soption, either: (a) return of the price paid by the licensee solely for the SOFTWARE, or (b) repair or replacement of the SOFTWARE, which does not meet Astek’s limited warranty and which is returned to Astek and determined by Astek not to be in compliance. The limited warranty is void if failure of the SOFTWARE has resulted from accident, abuse, negligence, misapplication, or failure to use the SOFTWARE in accordance with the Astek documentation. Any replacement SOFTWARE will be warranted to the original licensee for the remainder of the original warranty period, or 30 days, whichever is longer. This limited warranty gives you specific legal rights. You may have others that vary from state to state. Some states allow limitations of duration of an implied warranty, so the above limitations may not apply to you.

In no event shall Astek or its suppliers be liable for any special, indirect, consequential, exemplary, or incidental damages whatsoever (including, without limitation, damage for loss of business profits, business interruption, loss of business information, loss of goodwill, or other pecuniary loss) whether based in contract, tort, negligence, strict liability, or otherwise, arising out of the use or inability to use the SOFTWARE, even if Astek has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential and incidental damages, the above limitations may not apply to you. OTHER THAN AS SPECIFIED IN THIS LIMITED WARRANTY ABOVE, THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, WHETHER OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, OR OTHERWISE.