USER LICENSE AGREEMENT
USER LICENSE AGREEMENT FOR SOFTWARE USE. IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS
LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL:
USER License Agreement is a legal agreement between you (either an individual or a single entity) and Optima Scale
Manufacturing Inc. on the Data Log software which may include associated software components, media, printed materials,
and "online" or electronic documentation. By installing, copying, or otherwise using the Data Log software, you agree to be
bound by the terms of the agreement. This license agreement represents the entire agreement concerning the program
between you and Optima Scale Manufacturing Inc., (referred to as "licenser"), and it supersedes any prior proposal,
representation, or understanding between the parties. If you do not agree to the terms of this agreement, do not install or
use the Data Log software. The Data Log software is protected by copyright laws and international copyright treaties, as
well as other intellectual property laws and treaties. The Data Log software is licensed, not sold.
1. GRANT OF LICENSE.
The Data Log software is licensed as follows:
(a) Installation and Use.
Optima Scale Manufacturing Inc. grants you the right to install and use copies of the Data Log software on your
computer running a validly licensed copy of the operating system for which the Data Log software was designed
[Windows XP, Windows Vista, Windows 7].
(b) Backup Copies.
You may also make copies of the Data Log software as may be necessary for backup and archival purposes. But a
single license only permits one seat to be used at any given period of time.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the Data Log software.
(b) Distribution.
You may not distribute registered copies of the Data Log software to third parties.
(c) Prohibition on Reverse Engineering, De-compilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the Data Log software, except and only to the extent that
such activity is expressly permitted by applicable law notwithstanding this limitation.
(d) Rental.
You may not rent, lease, or lend the Data Log software.
(e) Support Services.
Optima Scale Manufacturing Inc. may provide you with support services related to the Data Log software. Any
supplemental software code provided to you as part of the Support Services shall be considered part of the Data Log
software and subject to the terms and conditions of this agreement.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the Data Log software.
3. TERMINATION
Without prejudice to any other rights, Optima Scale Manufacturing Inc. may terminate this agreement if you fail to comply
with the terms and conditions of this agreement. In such event, you must destroy all copies of the Data Log software in
your possession.
4. COPYRIGHT
All title, including but not limited to copyrights, in and to the Data Log software and any copies thereof are owned by
Optima Scale Manufacturing Inc. or its suppliers. All title and intellectual property rights in and to the content which may be
accessed through use of the Data Log software is the property of the respective content owner and may be protected by
applicable copyright or other intellectual property laws and treaties. This agreement grants you no rights to use such
content. All rights not expressly granted are reserved Optima Scale Manufacturing Inc.
5. NO WARRANTIES
Optima Scale Manufacturing Inc. expressly disclaims any warranty for the Data Log software. The Data Log software is
provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of
merchantability, non-infringement, or fitness of a particular purpose. Optima Scale Manufacturing Inc. does not warrant or
assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained
within the Data Log software. Optima Scale Manufacturing Inc. makes no warranties respecting any harm that may be
caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Optima
Scale Manufacturing Inc. further expressly disclaims any warranty or representation to Authorized Users or to any third
party.
6. LIMITATION OF LIABILITY
In no event shall Optima Scale Manufacturing Inc. be liable for any damages (including, without limitation, lost profits,
business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the Data Log software,
even if Optima Scale Manufacturing Inc. has been advised of the possibility of such damages. In no event will Optima Scale
Manufacturing Inc. be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other
damages based in contract, tort or otherwise. Optima Scale Manufacturing Inc. shall have no liability with respect to the
content of the Data Log software or any part thereof, including but not limited to errors or omissions contained therein,
libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy,
moral rights or the disclosure of confidential information.
