BY DOWNLOADING ANY ELO SOFTWARE FILES, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THIS SOFTWARE LICENSE AND LIMITED WARRANTY.

This software is protected by both the United States copyright law and international treaty provisions. Therefore, except as noted below, you should treat the software just like any other copyrighted material. Elo TouchSystems, Inc. (Elo) authorizes you to make archival copies of the software for the purposes of backing-up your software and protecting your investment from loss, and to make additional copies for use within a single company or facility.

THIS SOFTWARE IS LICENSED FOR USE ONLY WITH ELO TOUCHSCREENS.

Any software program object code (drivers, utilities, diagnostics, and/or demonstration programs) may be freely duplicated or distributed without charge, but may not be resold. You may not decompile, reverse assemble, reverse engineer, or patch any software program object codes.

Any software program source code is proprietary and may not be disclosed to third parties. Such source code may be modified and/or partially or completely incorporated into your own applications, together with any supplied object code, and the resulting programs may be used, given away or sold without additional licenses or fees.

You may not reproduce, distribute, or revise the program documentation without expressed written consent from Elo.

This software and accompanying written materials may contain reference to, or information about, Elo products (equipment or programs), that are not now available. Such references or information must not be construed to mean that Elo intends to provide such products, programming, or services.

THIS SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. FURTHER, ELO DOES NOT GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR CURRENTNESS. IF THE INCLUDED SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS ARE DEFECTIVE, YOU, AND NOT ELO OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND ANY FURTHER PROGRAMS OR WRITTEN MATERIALS DEVELOPED UTILIZING THESE MATERIALS IS ASSUMED BY YOU.

Elo warrants only that any diskettes are free from defects in material and workmanship under normal use and service for a period of sixty (60) days after receipt.

Elo’s entire liability and your exclusive remedy as to the diskettes shall be, at Elo’s option, either return of the purchase price or replacement of the diskettes.

EXCEPT AS PROVIDED ABOVE, ELO DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE, WRITTEN MATERIALS OR DISKETTE. IN NO EVENT SHALL ELO BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.

This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee.