End User License Agreement
END-USER LICENSE AGREEMENT FOR THE OCAT SYSTEM IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: OUTEST SYSTEMS INC. End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and OUTWEST SYSTEMS INC. for the OUTWEST SYSTEMS INC. software product(s) identified above which may include associated software components, media, printed materials, and “online” or electronic documentation (“OCAT SYSTEM”). By installing, copying, or otherwise using the OCAT SYSTEM, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and OUTWEST SYSTEMS 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 EULA, do not install or use the OCAT SYSTEM.
The OCAT SYSTEM is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The OCAT SYSTEM is licensed, not sold.
1. GRANT OF LICENSE.
The OCAT SYSTEM is licensed as follows:
(a) Installation and Use.
OUTWEST SYSTEMS INC. grants you the right to install and use copies of the OCAT SYSTEM on your computer running a validly licensed copy of the operating system for which the OCAT SYSTEM was designed [e.g., Windows 2003, Windows XP, Windows Vista Windows 2008, Windows 7].
(b) Backup Copies.
You may also make copies of the OCAT SYSTEM as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright and Trademark Notices.
You must not remove or alter any copyright trademark notices on any and all copies of the OCAT SYSTEM.
You may not distribute registered copies of the OCAT SYSTEM to third parties. Evaluation versions (if available) for download from OUTWEST SYSTEMS INC.’s websites may be distributed with permission of OUTWEST SYSTEMS INC.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the OCAT SYSTEM, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not rent, lease, or lend the OCAT SYSTEM.
(e) Support Services.
OUTWEST SYSTEMS INC. may provide you with support services related to the OCAT SYSTEM (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the OCAT SYSTEM and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the OCAT SYSTEM.
Without prejudice to any other rights, OUTWEST SYSTEMS INC. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the OCAT SYSTEM in your possession.
All title, including but not limited to copyrights, in and to the OCAT SYSTEM and any copies thereof are owned by OUTWEST SYSTEMS INC. or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the OCAT SYSTEM is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by OUTWEST SYSTEMS INC.
5. NO WARRANTIES
OUTWEST SYSTEMS INC. expressly disclaims any warranty for the OCAT SYSTEM. The OCAT SYSTEM is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. OUTWEST SYSTEMS INC. does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the OCAT SYSTEM. OUTWEST SYSTEMS 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. OUTWEST SYSTEMS INC. further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall OUTWEST SYSTEMS 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 OCAT SYSTEM, even if OUTWEST SYSTEMS INC. has been advised of the possibility of such damages. In no event will OUTWEST SYSTEMS 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. OUTWEST SYSTEMS INC. shall have no liability with respect to the content of the OCAT SYSTEM 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