Program License Agreements
Microsoft's End User License Agreement
You have acquired a device (“DEVICE”) that includes software licensed by Psion Teklogix Inc. from Microsoft Licensing Inc. or its affiliates (‘MS”). Those installed software products of MS origin, as well as associated media, printed materials, and “online” or electronic documentation (“SOFTWARE”) are protected by international intellectual property laws and treaties. The SOFTWARE is licensed, not sold. All rights reserved.
IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT (“EULA”),
DO NOT USE THE DEVICE OR COPY THE SOFTWARE. INSTEAD, PROMPTLY
CONTACT PSION TEKLOGIX INC. FOR INSTRUCTIONS ON RETURN OF THE
UNUSED DEVICE(S) FOR A REFUND. ANY USE OF THE SOFTWARE,
INCLUDING BUT NOT LIMITED TO USE ON THE DEVICE, WILL CONSTI-
TUTE YOUR AGREEMENT TO THIS EULA (OR RATIFICATION OF ANY
PREVIOUS CONSENT).
GRANT OF SOFTWARE LICENSE. This EULA grants you the following license:
• You may use the SOFTWARE only on the DEVICE.
• NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT.
PSION TEKLOGIX INC. HAS INDEPENDENTLY DETERMINED HOW
TO USE THE SOFTWARE IN THE DEVICE, AND MS HAS RELIED
UPON PSION TEKLOGIX INC. TO CONDUCT SUFFICIENT TESTING
TO DETERMINE THAT THE SOFTWARE IS SUITABLE FOR SUCH USE.
• NO WARRANTIES FOR THE SOFTWARE. THE SOFTWARE is provided
“AS IS” and with all faults. THE ENTIRE RISK AS TO SATISFACTORY
QUALITY, PERFORMANCE, ACCURACY, AND EFFORT (INCLUD-
ING LACK OF NEGLIGENCE) IS WITH YOU. ALSO, THERE IS NO
WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT
OF THE SOFTWARE OR AGAINST INFRINGEMENT. IF YOU HAVE
RECEIVED ANY WARRANTIES REGARDING THE DEVICE OR THE
SOFTWARE, THOSE WARRANTIES DO NOT ORIGINATE FROM, AND
ARE NOT BINDING ON, MS.
• Note on Java Support. The SOFTWARE may contain support for programs written in Java. Java technology is not fault tolerant and is not designed, manufactured, or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of
Java technology could lead directly to death, personal injury, or severe physical or environmental damage. Sun Microsystems, Inc. has contractually obligated
MS to make this disclaimer.
• No Liability for Certain Damages. EXCEPT AS PROHIBITED BY LAW,
MS SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL,
38 Psion Teklogix WORKABOUT PRO S Hand-Held Computer Quick Start Guide
CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE
SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY REM-
EDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL
MS BE LIABLE FOR ANY AMOUNT IN EXCESS OF U.S. TWO HUN-
DRED FIFTY DOLLARS (U.S.$250.OO).
• Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
• SOFTWARE TRANSFER ALLOWED BUT WITH RESTRICTIONS.
You may permanently transfer rights under this EULA only as part of a permanent sale or transfer of the Device, and only if the recipient agrees to this
EULA. If the SOFTWARE is an upgrade, any transfer must also include all prior versions of the SOFTWARE.
• EXPORT RESTRICTIONS. You acknowledge that SOFTWARE is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the SOFTWARE, including the U.S.
Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information see http://www.microsoft.com/exporting/.
Meetinghouse Data Communications, Inc. End User License Agreement
End User License Agreement:
ATTENTION: PLEASE READ THIS SOFTWARE LICENSE AGREEMENT
("LICENSE") CAREFULLY BEFORE INSTALLATION. USE OF THE SOFTWARE
IS SUBJECT TO THE SOFTWARE LICENSE TERMS SET FORTH BELOW.
USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE LICENSE
TERMS. IF YOU DO NOT ACCEPT THESE LICENSE TERMS, YOU MUST
RETURN THE SOFTWARE FOR A FULL REFUND. IF THE SOFTWARE IS SUP-
PLIED WITH ANOTHER PRODUCT, YOU MAY RETURN THE ENTIRE UNUSED
PRODUCT FOR A FULL REFUND.
Software License Terms:
The following terms govern your use of the enclosed Software unless you have a separate written agreement with Meetinghouse Data Communications, Inc. herein also known as “MDC”.
License Grant:
MDC grants you a non-exclusive and non-transferable license to Use one copy of the
Software. "Use" means storing, loading, installing, executing or displaying the Software.
“Software” means software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form. You may not modify the Software or disable any licensing or control features of the Software. If the Software is licensed for "concurrent use", you may not allow more than the maximum number of authorized users to Use the Software concurrently.
Psion Teklogix WORKABOUT PRO S Hand-Held Computer Quick Start Guide 39
The Software is licensed as a "Shareware" version, on one computer only. You may use the Software distributed and licensed as Shareware on a trial basis only. The shareware version of the Software may be distributed freely without any associated fees to other parties who wish to try the software as long as the Software is distributed within an exact copy of the original MDC self-extracting installation file. In other words, nothing may be left out of the Shareware as distributed on MDC's web site at http:// www.mtghouse.com.
All permanent licenses are prepaid and the Software is licensed to you by MDC. You own the media on which the Software is recorded but MDC and/or MDC’s licensor(s) retain title to the Software. The Software and any copies which this License authorizes you to make are subject to this License.
Permitted Uses and Restrictions:
This License allows you to install and use the Software on a single computer at a time.
This License does not allow the Software to exist on more than one computer at a time.
You may make one copy of the Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original.
Except as expressly permitted in this License, you may not, in whole or part, decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the Software, or transmit the Software over a network. You may not copy the Software onto any bulletin board or similar system. You agree that you will not utilize any information obtained from MDC or obtained or learned in the course of using the Software, to develop or improve technology with similar functionality to the
Software, nor will you directly or indirectly assist any other party in doing so. You further agree that you will not separate the various modules of the software for their different purposes, if any.
High Risk Activities:
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, MDC and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk
Activities. You agree that MDC and its suppliers will not be liable for any claims or damages arising from the use of the Software in such applications.
Ownership:
The Software is licensed, not sold. The Software is owned and copyrighted by MDC or its third party suppliers. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with MDC's or its suppliers' ownership of or rights with respect to the Software.
40 Psion Teklogix WORKABOUT PRO S Hand-Held Computer Quick Start Guide
The Software is protected by copyright and other intellectual property laws and by international treaties. MDC's third party suppliers may protect their rights in the event of any violation of these License Terms.
Termination:
Your rights under this License will terminate automatically without notice from MDC if you fail to comply with any term(s) of this License. Upon termination, you must immediately destroy the Software, together with all copies, adaptations and merged portions in any form.
U.S. Government Restricted Rights:
The Software and documentation have been developed entirely at private expense and are provided as "Commercial Computer Software" or "restricted computer software".
They are delivered and licensed as "commercial computer software" as defined in
DFARS 252.227-7013 (Oct 1988), DFARS 252.211-7015 (May 1991) or DFARS
252.227-7014 (Jun 1995), as a "commercial item" as defined in FAR 2.101 (a), or as
"Restricted computer software" as defined in FAR 52.227-19 (Jun 1987) (or any equivalent agency regulation or contract clause), whichever is applicable. You have only those rights provided for such Software and Documentation by the applicable FAR or DFARS clause or the MDC standard software agreement for the product.
Export Law Assurances:
You may not use or otherwise export or reexport the Software except as authorized by
United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or reexported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the
U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
Limited Warranty on Media: (if applicable)
MDC warrants the media 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 original retail purchase. Your exclusive remedy under this paragraph shall be, at
MDC's option, a refund of the purchase price of the product containing the Software or replacement of the Software which is returned to MDC or a MDC authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED
WARRANTIES ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIM-
ITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL
RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY
NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS
EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN,
EXPRESS OR IMPLIED. LICENSOR SPECIFICALLY DISCLAIMS ALL OTHER
Psion Teklogix WORKABOUT PRO S Hand-Held Computer Quick Start Guide 41
WARRANTIES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY
JURISDICTION.
Disclaimer of Warranty on Software:
You expressly acknowledge and agree that use of the Software is at your sole risk. The
Software is provided "AS IS" and without warranty of any kind and MDC and MDC’s licensor(s) (for the purposes of warranty and liability, MDC and MDC's licensor(s) shall be collectively referred to as "MDC") EXPRESSLY DISCLAIM ALL WARRANTIES
AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIM-
ITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MER-
CHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY
RIGHTS. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CON-
TAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT
THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
FURTHERMORE, LICENSOR DOES NOT WARRANT OR MAKE ANY REPRE-
SENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR COR-
RECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRIT-
TEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR AN LICENSOR
AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY
WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE
PROVE DEFECTIVE, YOU (AND NOT LICENSOR OR AN LICENSOR AUTHOR-
IZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER
DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER
ACQUIRING LICENSOR PRODUCTS OTHERWISE THAN IN THE COURSE OF
A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR
DEATH OR PERSONAL INJURY CAUSED BY LICENSOR’S NEGLIGENCE.
Limitation of Liability:
UNDER NO CIRCUMSTANCES, EXCEPT TO THE EXTENT PROHIBITED BY
LOCAL LAW, INCLUDING NEGLIGENCE, SHALL LICENSOR, ITS SUBSIDIARIES,
AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPE-
CIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFIT,
LOST DATA, OR DOWNTIME COSTS) ARISING OUT OF OR RELATING TO THIS
LICENSE, THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE
SOFTWARE, WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER
LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF
42 Psion Teklogix WORKABOUT PRO S Hand-Held Computer Quick Start Guide
SUCH DAMAGES. In no event shall MDC's total liability to you for all damages exceed the price paid for the license to use the Software, regardless of the form of the claim.
Government End Users:
If the Software is supplied to the United States Government, the Software is classified as
"restricted computer software" as defined in clause 52.227-19 of the FAR. The United
States Government's rights to the Software are as provided in clause 52.227-19 of the FAR.
Controlling Law and Severability:
This License shall be governed by the laws of the United States and the State of New
Hampshire. As to any dispute relating to this License or the Software, you further agree to jurisdiction and venue in the Federal and State Courts located in the State of New
Hampshire. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
Acknowledgement:
Your use of any software produced by MDC is based only on your acknowledgement that you have read this License, understand it, and agree to be bound by its terms and conditions.
MDC Acknowledgments:
This product includes software developed by MDC and its licensors. This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit
(http://www.openssl.org/)". This product includes cryptographic software written by
Eric Young ([email protected]). This product includes software written by Tim Hudson ([email protected]).
Complete Agreement:
This License constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by MDC.
Note: EXCEPT TO THE EXTENT ALLOWED BY LOCAL LAW, THESE WAR-
RANTY TERMS DO NOT EXCLUDE, RESTRICT, OR MODIFY, AND ARE IN
ADDITION TO, THE MANDATORY STATUTORY RIGHTS APPLICABLE TO
THE LICENSE OF THE SOFTWARE TO YOU.
Meetinghouse Data Communications, Inc.
150 Greenleaf Avenue, Unit F
Portsmouth, NH 03801
Revised 8/12/2002
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