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license.txt
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1994-06-10
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TSENG LABS, INC. LICENSE AGREEMENT
TSENG LABS, INC. LICENSE AGREEMENT. Please read the terms of this Agreement
carefully before using this software. Use of this TSENG LABS, INC.
proprietary Software indicates your acceptance of the following terms.
TSENG LABS, INC. is willing to license the enclosed Software only upon the
condition that you accept all of the terms contained in this Agreement. If
you do not agree to these terms, then TSENG LABS, INC. is unwilling to
license the Software to you in which event you should return the Software
to the place from which it was acquired.
LICENSE. TSENG LABS, INC. grants you the right to use the Software on any
single compatible computer. You may make copies of the software for use on
Tseng Labs, Inc. products. The copies must include the copyright notice,
proprietary data or other legend/logo as contained in the original Software.
RESTRICTIONS. You may not decompile, disassemble or reverse engineer the
Software. Any attempt to transfer any of the rights, duties, or obligations
thereunder except as expressly provided for in this Agreement is void. You
may not rent, lease, loan , resell for profit the Software. You agree to
comply with U.S. export regulations, if applicable.
LIMITED WARRANTY/LIMITATION OF REMEDIES. TSENG LABS, INC. does not warrant
that the Software will meet your requirements, that operation of the Software
will be uninterrupted or error-free, or that all errors will be corrected.
SUCH WARRANTIES ARE IN LIEU OF OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT ABILITY
AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE, AND THE
ACCOMPANYING WRITTEN MATERIALS. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY TSENG LABS, INC., ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR
AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW
WARRANTIES. IN NO EVENT WILL TSENG LABS, INC. BE LIABLE TO YOU, REGARDLESS OF
WHETHER ANY REMEDIES SET FORTH HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, FOR
DAMAGES INCLUDING ANY LOST PROFITS, LOSS OF DATA OR OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE
SOFTWARE, EVEN IF TSENG LABS, INC. OR AN AUTHORIZED TSENG LABS, INC.
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE
LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE
SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE
OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TERM. This Agreement will immediately and automatically terminate without
notice if you fail to comply with any term or condition of this Agreement.
You agree upon termination to promptly destroy the Software together with all
copies and merged portions of the Software in any form.
GENERAL. This Agreement is governed by the laws of the State of Pennsylvania,
except for that body of law dealing with conflicts of law. This Agreement
constitutes the complete understanding and agreement of the parties regarding
the subject matter herein and supersedes all prior understandings and
agreements. If any provision of this Agreement is held to be unlawful, void,
or for any reason unenforceable, that provision will be enforced to the
fullest extent possible and the remaining provisions will remain in full force.
If you have any questions concerning this Agreement, contact
TSENG LABS, INC.
6 Terry Drive
Newtown, PA 18940.