Download (pdf)

PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY.  THIS IS A LEGAL AGREEMENT BETWEEN “YOU” (BOTH YOU INDIVIDUALLY AND/OR THE ENTITY YOU ARE INSTALLING THE SOFTWARE ON BEHALF OF, REFERRED TO COLLECTIVELY IN THIS AGREEMENT AS “YOU” OR “YOUR”) AND ISEE SYSTEMS, INC. AND ITS LICENSOR(S) (COLLECTIVELY HEREINAFTER “ISEE SYSTEMS”).  THE TERMS OF THIS AGREEMENT GOVERN YOUR USE OF THIS SOFTWARE, ANY ASSOCIATED DOCUMENTATION, AND ANY UPDATES, ADD-ON COMPONENTS, OR SERVICES THAT ISEE SYSTEMS MAY SUBSEQUENTLY PROVIDE TO YOU (COLLECTIVELY, THE “SOFTWARE”).  BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.  IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE, PROMPTLY RETURN THE UNUSED SOFTWARE TO ISEE SYSTEMS.

1. Grant of License.  isee systems as Licensor, grants to you, as Licensee, a non-exclusive and, except as set forth in this agreement, a non-assignable and non-transferable, right to install and use the Software, subject to the terms and conditions of this agreement and payment all applicable Software license fees. 
   
             1.1  Duration of License.  The duration of your license is perpetual, unless a limited subscription time period is specified on your invoice or other agreement with isee systems.  A trial license expires thirty (30) days from the date of the delivery of the Software.

             1.2  Educational Version.  To purchase the Software at a reduced license fee you must be a Qualified Educational Institution, which is either: (a) a University or College licensed by the appropriate authority, or (b) a kindergarten through twelfth grade (“K-12”) educational institution licensed by the appropriate authority; or a full or part-time student,  faculty, or administrator at a Qualified Educational Institution.  If you purchase an educational version of the Software at the reduced price, you may not use the Software for a commercial purpose or sell or transfer it to a commercial user.

2. Ownership of Software.  The Software is licensed, not sold.  As Licensee, you own the magnetic or other physical media on which the Software is recorded, but isee systems retains all right, title, proprietary interest in, and ownership of the Software.  The Software and the accompanying written materials are protected by copyright laws and other intellectual property laws and treaties.  

3. Restrictions Applicable to All Versions.  Any reproduction or redistribution of the Software not in accordance with this Agreement is expressly forbidden.  You may not reverse engineer, decompile, disassemble the Software or modify, adapt, translate or create derivative works of the Software without the prior written consent of isee systems.  You may be held legally responsible for any infringement that is caused or encouraged by your failure to abide by the terms of this Agreement.  You may make one (1) copy of the Software solely for archival or back-up purposes, provided such copy contain the same proprietary notices as appear in the original copy of the Software.

            3.1  Copy Restrictions for Individual License.  Unless you have purchased a Site License, Workshop License, Lab Pack or Student Pack (see below), your license to install and use the Software is “per person”, and you as an individual may install and use the Software on more than one machine. 

            3.2  Copy Restrictions for Site and Workshop Licenses.  If you are an entity that has purchased or received a site or workshop license for the Software, you may install and use an unlimited number of copies of the Software, including on a local area network, within your building or campus.

            3.3  Copy Restrictions for Lab Packs or Student Packs.  If you are an entity that has purchased a Lab Pack or Student Pack, you may only install and use the Software on the same number of machines for which you have purchased a license, unless you have installed and use a third party limiting device that ensures that the correct number of licenses used concurrently is not exceeded.

4. Transfer Restrictions.  The Software is licensed to only you, the Licensee.  In no event may you share the Software or transfer, rent, sell, or otherwise dispose of the Software on a temporary or permanent basis without the prior written consent of isee systems.  Notwithstanding the foregoing, for Individual Licenses (See section 3.1 above), you may make a permanent transfer of your copy of the Software to another individual provided that:  (1) you notify isee systems first and; (b) you do not retain any copies of the Software.  This permanent transfer must include all of the Software, including component parts, the media and printed materials, any upgrades and this license agreement.  Any authorized transferee of the Software shall be bound by the terms and conditions of this Agreement.

5. Termination.  This license is effective until terminated.  A trial or evaluation license expires at the end of the evaluation period, and a license issued for a limited time period shall expire at the end of the time period set forth in your invoice or other agreement with isee systems.  You may terminate this license at any time by destroying the Software, related documentation and all allowable copies thereof.  This license is subject to immediate termination if you fail to comply with any provision of this license.  Upon termination you shall cease all use of the Software and destroy the written materials and all allowable copies of the Software (including backup copies).  

6. Limited Warranty on Media.  isee systems warrants the compact disc (CD) on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of your receipt.  isee systems' entire liability and your exclusive remedy as to the CD shall be replacement of the defective CD that is first returned to us.  Any replacement CD will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. 

7. Disclaimer of Warranty on Software.  THE SOFTWARE, ACCOMPANYING WRITTEN MATERIALS, AND ANY SERVICES PROVIDED IN CONNECTION THEREWITH ARE PROVIDED "AS IS" WITHOUT WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, AND ISEE SYSTEMS SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ISEE SYSTEMS, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY, AND YOU MAY NOT RELY UPON SUCH INFORMATION OR ADVICE.

8. Limitations of Remedies.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ISEE SYSTEMS NOR ANYONE ELSE WHO HAS BEEN INVOLVED ON BEHALF OF ISEE SYSTEMS IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, ACCOMPANYING WRITTEN MATERIALS, OR ANY SERVICES PROVIDED IN CONNECTION THEREWITH, SHALL BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGE FOR LOSS OF BUSINESS PROFIT, BUSINESS INTERRUPTION, LOSS OF DATA, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ISEE SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL ISEE SYSTEMS’ TOTAL CUMULATIVE LIABILITY FOR LOSS OR DAMAGE UNDER THIS AGREEMENT EXCEED THE AMOUNT OF LICENSE FEES PAID BY YOU FOR THE SOFTWARE GIVING RISE TO THE CLAIM.

9. Export Compliance.  You may not export or re-export the Software in violation of any applicable laws or regulations including, without limitation, U.S. export regulations or the laws of the country in which you reside. 

10. U.S. Government License Rights.  All Software provided to the U.S. Government is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 or DFAR, 48 CFR 252.227-7013, as applicable.

11. Choice of Law and Forum.  This Agreement shall be governed by the laws of the State of New Hampshire without regard to that body of law known as conflicts of law, and excluding the United Nations Convention on Contracts for the Sale of Goods.  You agree to submit to personal jurisdiction in the State of New Hampshire . 

12. Complete Agreement.  This Agreement constitutes the complete and exclusive statement of the terms of the Agreement regarding the Software between you and isee systems.  It supersedes and replaces any previous or contemporaneous written or oral  Agreements and communications relating to the Software. 

13. Waiver/Modification.  No waiver or modification of the terms of this Agreement shall be effective unless ratified in writing and signed by both you and isee systems.  This Agreement will not be amended or modified by the terms of any purchase order or acknowledgement, regardless of whether isee systems may have accepted or signed the same.  Any party’s failure to enforce the provisions of this Agreement shall not constitute or be construed as a waiver of any other provisions or rights.

14. Severability.  If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.