Electronic Displays

SOFTWARE LIMITED LICENSE AGREEMENT

 

IMPORTANT: Before using this software you, the customer and licensee ("You") must carefully read the agreement below. Your use of the software acknowledges your acceptance of all its terms and conditions. Use of the software occurs when it is loaded into temporary memory or when it is installed into permanent memory.

YESCO Electronics LLC provides the accompanying software and licenses it to You on a limited basis. YESCO retains ownership of all rights in the software, and of all proprietary technology embodied in it. You acknowledge that unauthorized distribution, copying, or use of the software and/or associated documentation received from YESCO will result in material damage to YESCO.

LIMITED LICENSE

The limited license hereby granted to You permits You and Your employees, who are also bound by the terms and conditions of this agreement, to:

1. Use the software on one machine. (Again, the software is considered used when loaded into temporary memory or installed into permanent memory.)
2. Install a copy of the software on a network server to allow access by other users. The total number of software users shall not exceed the total number of applicable licenses You have purchased from YESCO. A separate license shall be required for each software user.
3. Copy the software in machine-readable form for backup purposes only.

You are responsible to select software programs that can achieve Your intended results. You are also responsible for the installation, use, and final results obtained from the software.

YESCO DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE SOFTWARE AND ANY DOCUMENTATION, INCLUDING ALL WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YESCO'S TOTAL LIABILITY FOR DAMAGES FOR ANY CLAIM, CAUSE, OR ACTION WHATSOEVER, REGARDLESS OF FORM, ORIGIN, OR AMOUNT, SHALL NOT EXCEED THE LICENSE FEE RECEIVED FOR THE PERTINENT PIECE OF SOFTWARE. YESCO SHALL HAVE NO LIABILITY FOR DAMAGES RESULTING FROM LOSS OF DATA, LOSS OF PROFITS, LOSS OF USE OF EQUIPMENT, OR FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE.

You may not transfer possession of the software to any third party without the prior written consent of YESCO. If you transfer possession of the software or any copy or part of it, or the associated documentation, to another party without such consent, Your license to use the software is automatically terminated. Also, because of your breach of this Agreement, you shall be subject to legal action by YESCO to enforce its rights hereunder and under the copyright laws of the United States.

You (and any associated party using all or any part of the software) hereby agree (1) not to disassemble or reverse-engineer the software or any portion of it, and (2) to comply with all United States export laws. Any attempt to disassemble or reverse-engineer any portion of the software will result in immediate and automatic termination of Your license to use it.

You must reproduce and include YESCO's copyright notice on any copy of the software that you create. You may not modify or merge any part of the software into any other program. You may not use, copy, or transfer the software, in whole or in part, except as expressly allowed in this Agreement.

You must not commit any act which would directly or indirectly violate any United States law, regulation, treaty, or other agreement, relating to the export or re-export of software.

TERM

This license is effective until terminated. You may terminate this license at any time by destroying the software programs, including all copies. This license will also terminate upon conditions set forth elsewhere in this agreement. You agree, upon termination of this license, to destroy all of the software programs including all copies. If You destroy the software programs and copies, You shall verify such destruction to YESCO. In the alternative, you may return the software to YESCO, including all copies.

LIQUIDATED DAMAGES

If You breach this Agreement You shall be subject to damages equal to the price You paid for this limited license. Additionally, actual damages may be recovered for damages suffered by YESCO in excess of liquidated damages.

GOVERNING LAW

The laws of the state of Utah shall govern this agreement. Jurisdiction and venue shall be in the United States District Court for Utah in Salt Lake City, or in an appropriate state court in Salt Lake County, Utah.

ENTIRE AGREEMENT

This license agreement is the entire agreement between You and YESCO relating to the software and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the software and other subject matter covered by this license agreement.  This license agreement may only be modified by a subsequent written agreement that is executed by You and YESCO.  If any provision of this agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.