END-USER LICENSE AGREEMENT (EULA)
Applied Systems Engineering, Inc. (ASE)
Visual SCL
This End-User License Agreement (EULA) is a legal Agreement between you and Applied Systems Engineering, Inc (ASE) covering use of ASE’s Visual SCL software product and associated printed and electronic documentation (Licensed Materials). If you do not agree to the terms of this Agreement, please return all items to ASE prior to installation for a complete refund. Installation of the Visual SCL Software indicates that you accept and agree to the terms stated herein.
1. License Grant and Restrictions
ASE hereby grants you a non-exclusive license to use the Licensed Materials on a single computer only. You may make one copy solely for backup purposes. You may not reverse engineer, de-compile, or disassemble the Licensed Materials code.
ASE reserves all rights not expressly granted to you in this EULA.
2. Title, Patent and Copyright Indemnification
The Licensed Materials are owned by ASE and protected by copyright laws, international treaty provisions, and all other applicable law.
ASE represents and warrants that it has all rights, title and interest in the Licensed Materials to make this Agreement, and that the Licensed Materials were developed by ASE and do not infringe any patent, trademark, copyright, trade secret, or any other proprietary rights of any third party or parties.
3. Warranty
ASE warrants that the licensed Visual SCL software will conform to operations described in the User's Manual. ANY MODIFICATION OF THE SOFTWARE BY ANY PERSONS OTHER THAN ASE SHALL VOID THIS WARRANTY.
How to Contact ASE: You can contact ASE via phone at (408) 364-0500, by FAX at (408) 364-0550, by email to support@ase-systems.com, or by writing to Applied Systems Engineering, Inc, 1671 Dell Ave., Suite 200, Campbell, CA 95008.
What this warranty covers: This warranty covers use of the Licensed Materials for a period of one year from date of purchase. ASE's exposure for any problem detected during the warranty period shall be limited to the price originally paid for use of the Licensed Materials, and ASE reserves the right, at its discretion, to resolve any outstanding problem by accepting return of the Licensed Materials and providing a complete refund.
What this warranty does not cover: This warranty covers normal use of the Licensed Materials only and does not include problems which arise due to neglect or misuse, or those caused by disasters. Postage for return shipping of any products or components to ASE is your responsibility.
THE EXPRESS WARRANTIES SET FORTH HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BUYER AGREES THAT ITS EXCLUSIVE REMEDIES, AND ASE'S ENTIRE LIABILITY WITH RESPECT TO THE LICENSED MATERIALS, SHALL BE AS SET FORTH HEREIN. BUYER FURTHER AGREES THAT ASE SHALL NOT BE LIABLE TO BUYER FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ITS USE OR INABILITY TO USE THE SOFTWARE OR THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, EVEN IF ASE HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
All conditions of this warranty may not apply in those states that do not allow limitations on implied warranties or on consequential damages. This limited warranty gives you specific legal rights, and you may also have other rights that may vary from state to state.
4. Jurisdiction and Applicable Law
This Agreement shall be governed by and construed in accordance with the laws and regulations of the State of California, and the United States of America.
This Agreement contains the entire understanding with respect to the matter contained herein. There are no promises, covenants or undertakings other than those expressly set forth herein. Any modification or amendment to the Agreement shall not be valid unless made in writing and signed by duly authorized representatives of both parties.