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PROGRAM LICENSE AGREEMENT |
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NOTICE: Carefully read the following license before accepting or using physical or electronic delivery of the Program Product software.
Once you accept delivery, the terms and conditions of this Agreement automatically bind you, and Greenleaf Software will not accept return of the product.
If you do not accept such delivery, you may, within 30 days of original purchase, receive a refund of the purchase price less a restocking charge
of 15% (fifteen percent) of the Greenleaf Software list price, and also exclusive of shipping and related charges. This applies ONLY to purchases
directly from Greenleaf Software.
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LICENSE: Greenleaf Software Inc, (“GLS”) grants a license to the individual and/or corporate licensee to use the Program Product
(the set of computer programs, machine readable, any printed materials, and cables supplied with this package for a term beginning on the
date you accept this Agreement and continuing until termination. This license agreement is automatically terminated if you violate any of
the terms and conditions of this Licensed Agreement. You may terminate this agreement at any time by destroying all copies, modifications,
and original materials supplied with the Program Product and by destroying all copies of any modifications you may have made such items
as custom decodes, source and object code for any methods you may have developed. In brief, you retain the rights to the ideas and methodology
behind custom protocol decodes and methods but relinquish the right to use the implementation of them for any purpose in the event of
termination or transfer.
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USE OF THE PROGRAM PRODUCT: You may use the Program Product on any one IBM Personal Computer or functional equivalent and make one copy
of the Executable and ancillary files into any machine-readable form for your use of the Program Product. You may not use the Program Product
in any way that would allow it to be accessed by terminal or computer at any time. The Program Product must be treated like a book - if it
is taken from one computer and installed on another, it must first be deleted completely from the first so that there is no possibility of
duplicate or multiple access. You may not copy any portion of the Program Product materials for the purpose of supplying such a copy to another
person, company or other entity. You may not make modifications to the Product or merge it into another program except for use on a single computer
at any given time.
This Program Product is copyrighted under the United States Copyright laws and is protected by International Treaty provisions. It also contains
trade secrets of Greenleaf Software and Licensors ("LIS"), and may not be copied except with the express written permission of the copyright holders.
This Program Product may include the capability to develop custom protocol decodes and ancillary capabilities related thereto, such as C or other
computer source code routines known as methods which are used in conjunction with supplied and/or custom decode scripts. In the event that you develop
new protocol decodes, Since ownership of the Program Product resides in the copyright holders at all times, the particular implementation of any
custom decodes and/or methods which you may develop also remains the property of the copyright holders. However, the ideas and algorithms behind
the implementation, i.e. that which defines the custom protocol you have or are developing are your property and remain so, surviving termination
of this Agreement or an authorized Transfer of the Program Product. Thus you may continue to use the ideas and algorithms but not their representation
in forms readable by Program Product or any other such protocol analyzer.
No portion of Program Product may be redistributed for any purpose to any entity or person during the lifetime or after termination
of this Agreement. This expressly includes such implementation of such custom decodes and/or methods as you may have developed.
However, if other entities purchase versions of Program Product that are capable of using the custom decodes and/or methods which
you have developed, then you may freely transfer the decodes to such entities provided that you advise SYS of your intent to do so
at least 15 days in advance of intended transfer. The implementation of the decodes, hence their usability, must at all times be
linked to a one-for-one ownership of such version of Program Product as can utilize the decodes. In practical terms, this means
that only licensed versions of Program Product that include ProtocolWorks may use the decodes and/or methods that you have developed.
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OWNERSHIP: Ownership of, and title to, the Program Product (including any adaptations) and all copies thereof shall be held by SYS. Copies
are loaned to Licensee to allow Licensee to exercise rights under the License. Only the License is purchased by Licensee.
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TRANSFER - GENERAL TERMS: User may transfer the Program Product to another entity only upon written agreement between User and SYS. Transfer,
when granted, must entail entire removal of the Program Product from User's computer - hence the book metaphor applies. In advance of such desired
transfer, User must advise the prospective transferee of the whole of this Agreement, because the terms of this Agreement shall survive any transfer.
If an authorized transfer is effected, it must include the entirety of the Program Product plus any hardware items obtained with the
product. This includes the cable set (if any) and any serial communications or other card or adapter device bundled with the software.
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RESTRICTIONS: You may not use, copy, modify, merge, or transfer the Program Product or any portion or modification thereof in whole or in part,
except as expressly provided in this Agreement. You may not remove any of the copyright notices in the software or on any other portion of the Product.
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LIMITED WARRANTY: SYS warrants the distribution media upon which the Program Product is provided, and any hardware items that
are part of the product to be free from defects in materials and workmanship under normal use for a period of 60 days from the date of
purchase by the original purchaser. "Hardware" shall mean the cable set if any, and any serial communications card or device that
is purchased as a part of the product (such as in a "bundled" product). FOR BREACH OF ANY WRITTEN OR IMPLIED WARRANTY ON
THIS PRODUCT, THE CONSUMER IS LIMITED TO THE REPLACEMENT OF THE DEFECTIVE DISTRIBUTION MEDIA.
NOTE: SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
SYS MAKES NO OTHER WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND NO WARRANTY THAT THE PROGRAM PRODUCT IS FREE
OF ERRORS OR FIT FOR A PARTICULAR PURPOSE. SYS, FTE and its authorized dealers shall not be liable for the cost of any repair
or correction required for defective SYS Program Product material except as stated explicitly in this Warranty. SYS represents
only that the Program Product is sold "as-is" and that it has exercised its best effort in its preparation.
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GENERAL TERMS: This is the only agreement between User and SYS regarding this Program Product and it may be modified only by a written agreement
between those parties. This agreement cannot be modified by purchase orders, advertising or other representation by any person. If any provision of this
agreement shall be held invalid, illegal, or unenforceable, then the validity, legality and enforceability of the remaining provisions shall not be
affected or impaired thereby. This agreement shall be governed by the laws of the State of Texas. By accepting the physical product or downloading
the electronically distributable portions thereof, you acknowledge that you have read this agreement, understand it and agree to be bound by its terms
and conditions.
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LIC-VCS-042004 |