|LIMITED USE SOFTWARE LICENSE AGREEMENT
The terms and conditions of this Agreement will apply to the license of the PC-Alarm and Security System software supplied herewith (hereafter, "Licensed Software") and derivatives obtained therefrom, Including any copy, upon installation and/or use of this software. The term Licensed Software includes programs and related documentation supplied herewith.
1. TITLE AND LICENSE GRANT
The Licensed Software is copyrighted and/or contains proprietary information protected by law. All Licensed Software, and all copies thereof, are and will remain the sole property of Solitude Technology, Inc. or its suppliers. Solitude Technology, Inc. hereby grants you a personal, non-transferable and non-exclusive right to use the Licensed Software, in whatever form supplied, which is furnished to you under or in contemplation of this agreement. This license grant is limited to use on a single processor at a time. Any violation of the terms herein shall automatically terminate this license.
You agree to use your best efforts to see that any use of Licensed Software complies with the terms and conditions of this License Agreement.
You agree to refrain from taking any steps to reproduce the underlying program and/or essential function of Licensed Software, such as reverse assembly or reverse compilation, reverse engineering or disassembly of the Licensed Software.
You agree to refrain from modifying, merging or creating derivative works from Licensed Software.
You agree to refrain from using, copying or transferring copies of Licensed Software except as expressly permitted by the specific terms of this license.
You agree that you will not sell, rent or lease the Licensed Software provided herewith.
2. USE OF LICENSED SOFTWARE
You are permitted to make a single archive copy of the Licensed Software, provided the Licensed Software shall not be otherwise reproduced, copied, or, except for the documentation, disclosed to others in whole or in part. Any such copy shall contain the same copyright notice and proprietary marking, appearing on the original Licensed Software.
The Licensed Software shall only be used in accordance with the terms of the license granted herein.
The Licensed Software shall not be removed from a country in which use is licensed.
Upon a termination of the right to use Licensed Software or in the event of Licensed Software no longer being used in accordance with this License Agreement the Licensed Software, together with any archive copy thereof, shall be either returned to Solitude Technology, Inc., or destroyed.
3. LIMITED WARRANTY
Solitude Technology, Inc. warrants that the Licensed Software in the form delivered by Solitude Technology, Inc. will operate substantially as described in the help files. Solitude Technology, Inc. does not warrant that the functions of the Licensed Software will meet your requirements or that Licensed Software operation will be error-free or uninterrupted.
Solitude Technology, Inc. has used reasonable efforts to minimize defects or errors in the Licensed Software. HOWEVER, YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE, OR INABILITY TO USE THE LICENSED SOFTWARE.
You accept full responsibility for any and all additional fees incurred while using the Licensed Software. This includes; long distance, cellular service, Internet service provider or pager service fees.
Unless a separate agreement for software maintenance is entered into between you and Solitude Technology, Inc., Solitude Technology, Inc. bears no responsibility for supplying assistance for fixing or for communicating known errors to you pertaining to the Licensed Software supplied hereunder.
YOU UNDERSTAND THAT, SOLITUDE TECHNOLOGY, INC., ITS AFFILIATES, CONTRACTORS, SUPPLIERS AND AGENTS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Some states or other jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts, so the above limitations may not apply to you. This limited warranty gives you specific legal rights and you may also have other rights which vary from one state or jurisdiction to another.
4. EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES
YOU AGREE THAT YOUR SOLE REMEDY AGAINST SOLITUDE TECHNOLOGY, INC., ITS AFFILIATES, CONTRACTORS, SUPPLIERS, AND AGENTS FOR LOSS OR DAMAGE CAUSED BY ANY DEFECT OR FAILURE IN THE LICENSED SOFTWARE REGARDLESS OF THE FORM OF ACTION, WHETHER INCONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE THE REPLACEMENT OF SOLITUDE TECHNOLOGY, INC. FURNISHED LICENSED SOFTWARE, PROVIDED SUCH LICENSED SOFTWARE IS RETURNED TO SOLITUDE TECHNOLOGY, INC. WITH A COPY OF YOUR SALES RECEIPT. THIS SHALL BE EXCLUSIVE OF ALL OTHER REMEDIES AGAINST SOLITUDE TECHNOLOGY, INC., ITS AFFILIATES, CONTRACTORS, SUPPLIERS OR AGENTS, INCLUDING YOUR RIGHT TO CLAIM DAMAGES FOR BODILY INJURY TO ANY PERSON.
REGARDLESS OF ANY OTHER PROVISIONS OF THIS AGREEMENT, NEITHER SOLITUDE TECHNOLOGY, INC. NOR ITS AFFILIATES, CONTRACTORS, SUPPLIERS OR AGENTS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUSTAINED OR INCURRED IN CONNECTION WITH THE USE, OPERATION, OR INABILITY TO USE THE LICENSED SOFTWARE OR FOR DAMAGES ATTRIBUTABLE TO ANY SERVICE, PRODUCTS OR ACTION OF ANY OTHER PERSON.
5. GOVERNING LAW; JURISDICTION AND VENUE.
The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of Tennessee. The Tennessee state courts of Sumner County, Tennessee (or, if there is exclusive federal jurisdiction, the United States District Court for the District of Tennessee) shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement, and Licensee hereby consents to the jurisdiction of such courts.
6. ALARM PERMITS
YOU AGREE TO USE THE LICENSED SOFTWARE SOLELY FOR PRIVATE AND/OR PERSONAL USE AND NEVER NOTIFY YOUR LOCAL POLICE DEPARTMENT OF AN ALARM UNLESS YOU HAVE A CONFIRMATION THAT SOMEONE HAS ENTERED YOUR PROPERTY ILLEGALLY OR A FIRE IS IN PROGRESS.
EVEN WHEN USED FOR PRIVATE AND/OR PERSONAL USE, YOU MAY STILL BE REQUIRED TO HAVE A BURGLAR ALARM SYSTEM PERMIT ON FILE WITH YOUR LOCAL POLICE DEPARTMENT IN YOUR CITY OR JURISDICTION. THE LICENSED SOFTWARE MEETS THE DEFINITION OF A BURGLAR ALARM SYSTEM SET FOURTH WITHIN CERTAIN CITIES CITY CODES. IT IS YOUR RESPONSIBILITY TO CONTACT YOUR LOCAL LAW ENFORCEMENT OFFICIALS TO DETERMINE AND IF NECESSARY, ACQUIRE AN ALARM PERMIT BEFORE INSTALLING THIS SOFTWARE IN YOUR HOME OR BUSINESS. THE USE OF THE LICENSED SOFTWARE WITHOUT AN ALARM PERMIT WHERE REQUIRED IS STRICTLY PROHIBITED.
CERTAIN AREAS REQUIRE ALL ALARM SYSTEM PROVIDERS; LEASERS AND ALARM MONITORS TO OBTAIN A PERMIT AS WELL. THE USE OF THE LICENSED SOFTWARE IN THESE AREAS IS STRICTLY PROHIBITED.
FURTHERMORE, SOLITUDE TECHNOLOGY, INC. DOES NOT OFFER ANY GUARANTEE THAT THIS SOFTWARE WILL PERFORM ERROR-FREE OR WITHOUT DEFECTS. MANY POLICE DEPARTMENTS CAN ASSESS ADDITIONAL FEES FOR FALSE ALARMS REPORTED. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL FEES INCURRED WHEN USING THE LICENSED SOFTWARE.
Any software or hardware provided to you by Solitude Technology, Inc. pursuant to this Agreement shall not be exported or re-exported in violation of any export provisions of the United States or any other applicable jurisdiction. Any attempt to sublicense, assign or transfer any rights, duties or obligations granted or arising from this license is void.
YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR SEPARATE WRITTEN AGREEMENTS BETWEEN SOLITUDE TECHNOLOGY, INC. AND YOU, THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDING, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.