License.txt part of Tektronix License License.txt, Tektronix TDS7000 TekScope_Opt_App_1.0.10_071-1883-01_063-3914-10 TekScope_Opt_App_1.0.10_071-1883-01_063-3914-10 Applications 03

Text preview for : License.txt part of Tektronix License Tektronix TDS7000 TekScope_Opt_App_1.0.10_071-1883-01_063-3914-10 TekScope_Opt_App_1.0.10_071-1883-01_063-3914-10 Applications 03_DPOPWR License.txt

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TEKTRONIX SOFTWARE LICENSE AGREEMENT

THE ENCLOSED OR ACCOMPANYING PROGRAM IS FURNISHED SUBJECT TO
THE TERMS AND CONDITIONS OF THIS AGREEMENT. USE OF THE PROGRAM
IN ANY MANNER, DOWNLOADING AND UNPACKING THE PROGRAM FROM ITS
COMPRESSED STATE OR INSTALLING THE PROGRAM FROM A CD WILL BE
CONSIDERED ACCEPTANCE OF THE AGREEMENT TERMS. IF THESE TERMS
ARE NOT ACCEPTABLE, THE UNUSED PROGRAM AND ANY ACCOMPANYING
DOCUMENTATION SHOULD BE RETURNED PROMPTLY TO TEKTRONIX FOR A
REFUND OF ANY LICENSE FEE PAID FOR THE PROGRAM.

DEFINITIONS.
"Program" means the software product (executable program and/or data)
accompanying this Agreement or included within the equipment with
which this Agreement is packed.

"Customer" means the person or organization in whose name the Program
was ordered.

LICENSE.
Customer may:
a. Use the Program on a single machine;
b. Copy the Program for archival or backup purposes, provided that
no more than one (1) such copy is permitted to exist at any one
time, and provided each copy of the Program made by Customer
includes a reproduction of any copyright notice or restrictive
rights legend appearing in or on the Program as received from
Tektronix.

Customer may not:
a. Use the Program on more than one machine;
b. Transfer the Program to any person or organization outside of
Customer or the corporation of which Customer is a part without
the prior written consent of Tektronix;
c. Export or re-export, directly or indirectly, the Program, any
associated documentation, or the direct product thereof, to any
country to which such export or re-export is restricted by law or
regulation of the United States or any foreign government having
jurisdiction without obtaining any required U.S. and other
government license, authorization or approval;
d. Reverse engineer, disassemble, decompile or otherwise reduce the
Program to a human-perceivable form;
e. Modify, network, rent, lease, loan or distribute the Program or
create derivative works based on the Program; or
f. Copy the documentation accompanying the Program.

Title to the Program and all copies thereof, but not the media on
which the Program or copies may reside, shall be and remain with
Tektronix or others from whom Tektronix has obtained a respective
licensing right.

Customer shall pay when due all property taxes that may now or
hereafter be imposed, levied or assessed with respect to the
possession or use of the Program or this license and shall file
all reports required in connection with such taxes.

THE PROGRAM MAY NOT BE USED, COPIED, MODIFIED, MERGED, OR
TRANSFERRED TO ANOTHER EXCEPT AS EXPRESSLY PERMITTED BY THESE
TERMS AND CONDITIONS.

UPON TRANSFER OF ANY COPY, MODIFICATION, OR MERGED PORTION
OF THE PROGRAM WITHOUT THE PRIOR WRITTEN CONSENT OF TEKTRONIX,
THE LICENSE GRANTED HEREIN IS AUTOMATICALLY TERMINATED.

TERM.
The license granted herein is effective upon acceptance by Customer,
and shall remain in effect until terminated as provided herein. The
license may be terminated by Customer at any time upon written notice
to Tektronix. The license may be terminated by Tektronix or any
third party from whom Tektronix may have obtained a respective
licensing right if Customer fails to comply with any term or
condition and such failure is not remedied within thirty (30) days
after notice thereof from Tektronix or such third party. Upon
termination by either party, Customer shall return to Tektronix,
or destroy, the Program and all associated documentation, together
with all copies in any form.

LIMITED WARRANTY.
Tektronix warrants that the media on which the Program is furnished
and the encoding of the Program on the media will be free from
defects in materials and workmanship for a period of three (3) months
from the date of shipment. If any such medium or encoding proves
defective during the warranty period, Tektronix will provide a
replacement in exchange for the defective medium. Except as to the
media on which the Program is furnished, the Program is provided
As is without warranty of any kind, either express or implied.
Tektronix does not warrant that the functions contained in the
Program will meet Customer's requirements or that the operation of
the Program will be uninterrupted or error-free.

In order to obtain service under this warranty, Customer must
notify Tektronix of the defect before the expiration of the
warranty period. If Tektronix is unable to provide a replacement
that is free from defects in materials and workmanship within a
reasonable time thereafter, Customer may terminate the license
for the Program and return the Program and any associated materials
for credit or refund.

THIS WARRANTY IS GIVEN BY TEKTRONIX WITH RESPECT TO THE
PROGRAM IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED.
TEKTRONIX AND ITS VENDORS DISCLAIM ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TEKTRONIX
RESPONSIBILITY TO REPLACE DEFECTIVE MEDIA OR REFUND CUSTOMER'S
PAYMENT IS THE SOLE AND EXCLUSIVE REMEDY PROVIDED TO CUSTOMER
FOR BREACH OF THIS WARRANTY.

LIMITATION OF LIABILITY. IN NO EVENT SHALL TEKTRONIX, ITS
RESELLERS OR OTHERS FROM WHOM TEKTRONIX HAS OBTAINED A
LICENSING RIGHT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED WITH
CUSTOMER'S POSSESSION OR USE OF THE PROGRAM, EVEN IF TEKTRONIX
OR ITS LICENSORS OR RESELLERS HAVE ADVANCE NOTICE OF THE
POSSIBILITY OF SUCH DAMAGES.

THIRD-PARTY DISCLAIMER.
Except as expressly agreed otherwise, third parties from whom
Tektronix may have obtained a licensing right do not warrant the
Program, do not assume any liability with respect to its use, and
do not undertake to furnish any support or information relating
thereto.

GENERAL.
This Agreement contains the entire agreement between the parties
with respect to the use, reproduction, and transfer of the Program.

Neither this Agreement nor the license granted herein is assignable
or transferable by Customer without the prior written consent of
Tektronix.

All questions regarding this Agreement or the license granted herein
should be directed to the nearest Tektronix office.