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NOTICE TO USER: This is a contract. By installing, copying, downloading, accessing or otherwise using this SOFTWARE PRODUCT, you accept all the terms and conditions of this License Agreement. If you do not agree with the terms and conditions shown below, do not use the software. Also, return any UNOPENED media package, all media, interface devices and adapters, accessories, instructions, and registration material in the original packaging to SKC Inc.
GENERAL TERMS AND CONDITIONS - This software (the "SOFTWARE") and operating instructions (the "DOCUMENTATION") are owned by SKC Inc. ("SKC") and protected by copyright law. SKC gives the user (the "USER") certain rights to use the SOFTWARE after acceptance of the terms and conditions of this License Agreement.
The USER may:
The USER may not:
LIMITED WARRANTY - SKC warrants that the media will be free from defects for a period of 60 days from the date of delivery of the SOFTWARE to you and will replace the media returned to SKC which is deemed to be defective. SKC does not warrant that the SOFTWARE will meet your requirements or that the SOFTWARE is error-free.
THE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
DISCLAIMER OF DAMAGES - USER SHALL NOT BE ENTITLED TO RECOVER FROM SKC INC. ANY CONSEQUENTIAL DAMAGES, DAMAGES FROM USE OF THE SOFTWARE WITH IMPROPERLY LICENSED SOFTWARE, DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF USE, LOSS OF TIME, LOSS OF PROFITS, INCOME, DATA OR OTHER INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
None of the Software of underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under control of, or a national or resident of any such country or on any such list.
U.S. GOVERNMENT END USERS - This License of the SOFTWARE conveys only restricted rights, and its use, disclosure, and duplication are subject to FAR 52.227-7013(c)(1)(ii).
GOVERNING LAW AND GENERAL PROVISIONS - This License Agreement shall be construed under the laws of the Commonwealth of Pennsylvania which shall be deemed to be the situs of the License Agreement with SKC. This License Agreement will not be governed by the United Nations Convention or Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The USER agrees that the SOFTWARE will not be shipped, transferred or exported into any country or used in any manner prohibited by the US Export Administration Act or any other export laws, restrictions or regulations. No other right is given by SKC in conjunction with this License Agreement.