SONNET SOFTWARE PRODUCT LICENSE AGREEMENT
SONNET SOFTWARE INCORPORATED ELECTRONIC END USER LICENSE AGREEMENT FOR SONNET ® LITETM and SONNET LITEPLUSTM
NOTICE TO USER: THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Sonnet Software Incorporated, Inc. ("Sonnet") End User License Agreement accompanies the Sonnet® LiteTM ("Sonnet Lite") product and related explanatory materials including product manuals and documentation ("Software"). The term "Software" also shall include any upgrades, modified versions or updates of the Software licensed to you by Sonnet. The term "Customer" means the company, entity or individual whose funds are used to pay any possible license fees. Please read this Agreement carefully. At the end, you will be asked to accept this agreement and continue to install or, if you do not wish to accept this Agreement, to decline this agreement, in which case you will not be able to use the Software.
Upon your acceptance of this Agreement, Sonnet grants to you a non-exclusive license to use the Software, provided that you agree to the following:
You may install the Software on a hard disk or other storage device; install and use the Software on a file server for use on a network for the purposes of (i) permanent installation onto hard disks or other storage devices or (ii) use of the Software over such network; and make backup copies of the Software.
You may make and distribute unlimited copies of Sonnet Lite, including copies for commercial distribution, as long as each copy that you make and distribute contains this Agreement, the Sonnet Lite installer, and the same copyright and other proprietary notices pertaining to this Software that appear in the Software. You may not charge more for such copies than the cost of reproduction. Modifications, alterations, or adaptations of such copies are not allowed. If you download the Software from the Internet or similar on-line source, you must include the Sonnet copyright notice for the Software with any on-line distribution and on any media you distribute that includes the Software.
2. License Grant.
You are granted right to use the Sonnet Lite in accordance with the terms and limitations of this agreement. In consideration for your name and contact details, Sonnet will provide you with a finite- duration license for Sonnet Lite and you may use the software in accordance with the terms and limitations of this Agreement. You may Re-register Sonnet Lite at any time. Sonnet maintains the right to refuse or deny any initial or re-registration license at its option.
3. Copyright and Trademark Rights.
The Software is owned by Sonnet, and its structure, organization and code are the valuable trade secrets of Sonnet. The Software also is protected by United States Copyright Law and International Treaty provisions. You may use trademarks only insofar as required to comply with Section 1 of this Agreement and to identify printed output produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software. Sonnet's third party suppliers may protect their rights in the event of any violation of these terms.
You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You may not alter or modify the installer program or create a new installer for the Software. You may not use the Software to publish comparisons to other electromagnetic software products without prior written permission from Sonnet. You agree not to use the Software to aid in the design or modification of any commercial electromagnetic analysis product without prior written permission from Sonnet.
Sonnet may terminate this license upon written notice at any time and for any reason. If, additionally, terms of this license have been violated, Sonnet's remedies shall not be construed as limited to termination.
6. No Warranty.
The Software is being delivered to you AS IS and Sonnet makes no warranty as to its use or performance.
SONNET DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. SONNET MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL SONNET BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A SONNET REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
7. Governing Law and General Provisions.
This Agreement will be governed by the laws of the State of New York, U.S.A., excluding the application of its conflicts of law rules. 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. 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.
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. Your license to use this Software shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Sonnet.
8. Notice to Government End Users.
If this product is acquired under the terms of a: GSA contract- Use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract; U.S. DoD contract- Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of 252.227-7013; Civilian agency contract- Use, reproduction, or disclosure is subject to 52.227-19 (a) through (d) and restrictions set forth in the accompanying end user agreement.
Unpublished- All rights reserved under the copyright laws of the United States.
Sonnet Software Incorporated
126 North Salina St. Suite 512
Syracuse, N.Y. 13202 USA
Sonnet, em (lower case bold italics) are registered trademarks of Sonnet Software Incorporated.
YOUR ACCEPTANCE OF THE FOREGOING AGREEMENT WAS INDICATED DURING INSTALLATION.