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Acre Aperio AH40 Manual
acre Software License Agreement
THE ENCLOSED SOFTWARE PACKAGE IS LICENSED BY acre. TO CUSTOMERS FOR THEIR NON-EXCLUSIVE
USE ON A COMPUTER SYSTEM PER THE TERMS SET FORTH BELOW.
DEFINITIONS: acre shall mean acre, which has the legal right to license the computer application known as DNA Fusion
herein known as the Software. Documentation shall mean all printed material included with the Software. Licensee shall
mean the end user of this acre Software. This Software Package consists of copyrighted computer software and copyrighted
user reference manual(s).
LICENSE: acre, grants the licensee a limited, non-exclusive license (i) to load a copy of the Software into the memory of a
single (one) computer as necessary to use the Program, and (ii) to make one (1) backup or archival copy of the Software for
use with the same computer. The archival copy and original copy of the Software are subject to the restrictions in this
Agreement and both must be destroyed or returned to acre if your continued possession or use of the original copy ceases or
this Agreement is terminated.
RESTRICTIONS: Licensee may not sub license, rent, lease, sell, pledge or otherwise transfer or distribute the original copy
or archival copy of the Software or the Documentation. Licensee agrees not to translate, modify, disassemble, decompile,
reverse engineer, or create derivative works based on the Software or any portion thereof. Licensee also may not copy the
Documentation. The license automatically terminates without notice if Licensee breaches any provision of this Agreement.
TRANSFER RIGHTS: Reseller agrees to provide this license and warranty agreement to the end user customer. By
installation of the software, the end user customer and reseller agree to be bound by the license agreement and warranty.
LIMITED WARRANTY: acre warrants that it has the sole right to license the Software to Licensee. Upon registration by the
Licensee, acre further warrants that the media on which the Software is furnished will be free from defects in materials and
workmanship under normal use for a period of twelve (12) months following the delivery of the Software to the Licensee.
ACRE NA's entire liability and your exclusive remedy shall be the replacement of the Software if the media on which the
Software is furnished proves to be defective. EXCEPT AS PROVIDED IN THIS SECTION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY
DISCLAIMED. IN PARTICULAR, EXCEPT AS PROVIDED IN THIS SECTION, WITH RESPECT TO ANY
PARTICULAR APPLICATION, USE OR PURPOSE, LICENSOR DOES NOT WARRANT THAT THE PRODUCTS
WILL MEET THE LICENSEE'S REQUIREMENTS, THAT THE PRODUCTS WILL OPERATE IN THE
COMBINATIONS OF 3
PARTY SOFTWARE WHICH THE LICENSEE MAY SELECT TO USE, OR THAT THE
RD
OPERATION OF THE PRODUCTS WILL BE UNITERRUPTED OR ERROR FREE. NEITHER OPEN OPTIONS, NOR
ITS VENDORS SHALL BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS,
NOR FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER
UNDER THIS AGREEMENT OR OTHERWISE. IN NO CASE SHALL OPEN OPTIONS' LIABILITY EXCEED THE
PURCHASE PRICE OF THE SOFTWARE.
The disclaimers and limitations set forth above will apply regardless of whether you accept the Software.
TERMINATION: acre may terminate this license at any time if licensee is in breach of any of its terms or conditions. Upon
termination, licensee will immediately destroy the Software or return all copies of the Software to acre, along with any
copies licensee has made.
APPLICABLE LAWS: This Agreement is governed by the laws of the State of Texas, including patent and copyright laws.
This Agreement will govern any upgrades, if any, to the program that the licensee receives and contains the entire
understanding between the parties and supersedes any proposal or prior agreement regarding the subject matter hereof.