ADVANTECH Co., Ltd. , END-USER LICENSE AGREEMENT

Please carefully read the following terms and conditions before using this product. It contains software, this use of which is licensed by ADVANTECH CO, LTD., to its customers for their use only as set forth below. If you do not agree to the terms and conditions of this agreement, do not use the software. No part of this software may be reproduced, copied, translated or transmitted in any form or by any means without the prior written permission of ADVANTECH CO, LTD.

 

GRANT OF LICENSE:

ADVANTECH CO, LTD. (the "Licensor") grants to you this limited, non-exclusive, non-transferable, non-assignable license solely to use in a single copy of the Licensed Works on a single product and solely provided that you adhere to all of the terms and conditions of this Agreement.

This license agreement applies to the free version of this software. You may use the Software without charge. and distribute exact copies of the Software to anyone.

ASSENT: By Downloading, Installing, Using, Transmitting, Distributing or Copying the file package containing this software, you agree that this Agreement is a legally binding and valid contract, agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement, and further agree to take all necessary steps to ensure that the terms and conditions of this Agreement are not violated by any person or entity under your control or in your service.

 

OWNERSHIP OF SOFTWARE:

The Licensor and/or its affiliates or subsidiaries own certain rights that may exist from time to time in this or any other jurisdiction, whether foreign or domestic, under patent law, copyright law, moral rights law, trade secret law, trademark law, unfair competition law or other similar protections, regardless of whether or not such rights or protections are registered or perfected (the "Intellectual Property Rights"), in the computer software and hardware, together with any related documentation (including design, systems and user) and other materials for use in connection with such computer software in this package (collectively, the "Licensed Works").

 

RESTRICTIONS:

ADVANTECH CO, LTD. reserves the right to revoke the above distribution right at any time, for any or no reason.

YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, SELL, ONSELL, REQUEST DONATIONS OR CREATE

DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.

(a) You are expressly prohibited from copying, modifying, merging, selling, leasing, redistributing, assigning, or transferring in any matter, Licensed Works or any portion thereof.

(b) You may take a single copy of materials within the package or otherwise related to Licensed Works only as required for backup purposes.

(c) You are also expressly prohibited from reverse engineering, decompiling, translating, disassembling, deciphering, decrypting, or otherwise attempting to discover the source code of the Licensed Works as the Licensed Works contain proprietary material of Licensor. You may not otherwise modify, alter, adapt, port, or merge the Licensed Works.

(d) You may not remove, alter, deface, overprint or otherwise obscure Licensor patent, trademark, service mark or copyright notices.

(e) You agree that the Licensed Works will not be shipped, transferred or exported into any other country, or used in any manner prohibited by any government agency or any export laws, restrictions or regulations.

(f) You may not publish or distribute in any form of electronic or printed communication the materials within or otherwise related to Licensed Works, including but not limited to the object code, documentation, help files, examples, and benchmarks.

 

TERM:

This Agreement is effective until terminated. You may terminate this Agreement at any time by uninstalling the Licensed Works and destroying all copies of the Licensed Works. Upon any termination, you agree to uninstall the Licensed Works and return or destroy all copies of the Licensed Works, any accompanying documentation, and all other associated materials.

 

GOVERNING LAW:

The conclusion, entry into force, interpretation, amendment, supplementation, termination, execution, and dispute resolution of this Agreement are governed by and construed in accordance with the laws of the Republic of China (Taiwan). Refer to business practices and/or industry practices if there are no relevant provisions in the law.

 

DISCLAIMER:

In no event shall licensor or its suppliers be liable to you or any third party for any special, incidental or consequential damages of any kind, or any damages whatsoever, including, without limitation. Those resulting from loss of use, data or profits, whether or not licensor had been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the licensed works. Some jurisdictions prohibit the exclusion or limitation or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

 

SEVERABILITY:

In the event any provision of this License Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefore.

 

ENTIRE AGREEMENT:

This License Agreement sets forth the entire understanding and agreement between you and ADVANTECH CO, LTD.., supersedes all prior agreements, whether written or oral, with respect to the Software, and may be amended only in a writing signed by both parties.

 

ADVANTECH Co., Ltd.

ADVANTECH Building, No. 1, Alley 20, Lane 26, Rueiguang Road, Neihu District, Taipei 11491, Taiwan, R.O.C.

1, May, 2013