License Agreement and Limited Warranty
IMPORTANT: Please read this document before continuing the software load procedure. By loading the software enclosed with this agreement, you are indicating acceptance of the terms of this legal agreement between you (herein call Licensee) and Topaz Systems, Inc. (herein called Topaz). If you do not agree to the terms of this agreement, do not load the enclosed software and promptly return the product.
1. Limited use License: Topaz and it’s suppliers (if any) grant you the right to use the software for use with Topaz Gem-Series tablets only. The software is owned for distribution exclusively by Topaz and is protected by the United States Patent and Trademark laws and international treaties.
2. Governing Law, Jurisdiction, and Forum: This agreement is governed by the laws of the State of California, County of Ventura.
3. YOU MAY: (a) Freely use, copy, and distribute the enclosed software only for use with Topaz Gem-Series tablets.
4. YOU MAY NOT: (a) Use, distribute or modify the Topaz software for use with tablets not supplied by Topaz Systems, Inc. (b) Reverse engineer, decompile, or dis-assemble, the software.
5. LIMITED WARRANTY: Topaz Systems warrants to the original buyer only, that the media upon which the Software is recorded is free from defects in workmanship and material under normal use and service for a period of 30 days.
6. EXCLUSIVE REMEDY: Topaz’s entire liability and your exclusive remedy shall be, at Topaz’s option, either (a) the repair or replacement of the software or (b) the refund of the price that was paid for the software package. The defective software, along with proof of payment, must be returned to Topaz within the terms of the warranty as set forth in this agreement.
7. LIMITATIONS ON DAMAGES: In no event shall Topaz be liable for damages whatsoever, (including without limitation, damages for loss of profits, business interruption, loss of information, or other pecuniary loss) arising out of the use of or inability to use the software even it Topaz or it’s suppliers, if any, have been advised of the possibility of such damages. In no event will Topaz’s liability for any reason exceed the actual price paid for the license to use the specific program.
8. NO OTHER WARRANTIES: With respect to the software, media, and written material, Topaz and it’s suppliers, if any, disclaim all warranties, other than the above Topaz warranty, including but not limited to warranties merchantability or fitness for a particular use. Topaz does not warranty the software will meet or requirements or that the operations of the software will be uninterrupted or error free.
9. GOVERNING LAW AND GENERAL PROVISIONS: If any part of this agreement is found void and unenforceable, it will not effect the validity of the balance of the agreement, which shall remain valid and enforceable according to it’s terms. You
agree that the software will not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This agreement shall automatically terminate upon failure of you to comply with it’s terms. This agreement may only be modified in writing signed by an officer of Topaz Systems, Inc. This agreement will not be governed by the United Nations convention on contracts for the International sale of goods, the application of which is expressly excluded.
Important Notice:
This software or any or all additional documentation, guidelines, or examples do not constitute a warranty about the performance, security, or legal acceptability of Topaz software or the SigID control in any specific use or implementation. To the extent that Topaz software or SigID are used to achieve regulatory or other specific objectives within an industry, you must consult competent experts or regulatory officials together with your own plan to achieve your desired business objectives using the Topaz tools.
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Copyright 1995 - 2005, Topaz Systems, Inc. All Rights Reserved
Topaz products are covered under US patents 5,120,908 5,122,623 6,307,955 - "Electronic Signature Management System", and patents pending
Topaz Systems, Inc., 650 Cochran Street, Unit 6, Simi Valley, CA, USA, 93065
Phone: 805 520-8282 Fax: 805 520-0867 www.topazsystems.com