1. GRANT OF LICENSE. Salient grants to you the right to use one (1) copy of the Salient CompleteView Server SOFTWARE on one (1) computer. Salient grants to you the right to use one (1) copy of the Salient CompleteView Client SOFTWARE on any numbers of computers, provided that the Salient CompleteView Client is solely used to connect to a Salient CompleteView Server. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM or other storage device) of that computer.
2. COPYRIGHT. The SOFTWARE is owned by Salient and/or its licensor(s), if any, and is protected by copyright laws and international treaty provisions. Therefore you must treat the SOFTWARE like any other copyrighted material (e.g. a book or a musical recording) except that you may either (a) make a copy of the SOFTWARE solely for backup or archival purposes or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup purposes.
3. OTHER RESTRICTIONS. You may not rent, lease or sublicense the SOFTWARE but you may transfer SOFTWARE and accompanying written materials on a permanent basis provided that you retain no copies and the recipient agrees to the terms of this agreement. You may not reverse engineer, decompile, or disassemble the SOFTWARE. If the SOFTWARE is an update or has been updated, any transfer must include the most recent update and all previous versions.
4. THIRD PARTY Software. The SOFTWARE may contain third party software, which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located in the readme file or other product documentation. By accepting this license agreement, you are also accepting the additional terms and conditions, if any, set forth therein.
5. TERMINATION. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Salient if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the SOFTWARE and destroy all copies, full or partial, of the SOFTWARE.
6. GOVERNING LAW. This agreement shall be deemed performed in and shall be construed by the laws of United States, Texas.
7. DISCLAIMER THE SOFTWARE IS DELIVERED AS IS WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE PURCHASER/THE USER/YOU. Salient Systems Corporation DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR ANY WARRANTY ARISING OUT OF ANY PROPOSAL, SPECIFICATION OR SAMPLE WITH RESPECT TO THE SOFTWARE. Salient AND/OR ITS LICENSOR(S) SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF USE, LOSS OF CONTRACTS OR FOR ANY OTHER CONSEQUENTIAL, ECONOMIC OR INDIRECT LOSS WHATSOEVER IN RESPECT OF SALE, PURCHASE, DELIVERY, USE OR DISPOSITION OF THE SOFTWARE.Salient TOTAL LIABILITY FOR ALL CLAIMS IN ACCORDANCE WITH THE SALE, PURCHASE, DELIVERY AND USE OF THE SOFTWARE SHALL NOT EXCEED THE PRICE PAID FOR THE SOFTWARE.
DISCLAIMER OF WARRANTIES: THE WARRANTY STATED ABOVE IS THE ONLY WARRANTY APPLICABLE TO THIS PRODUCT. ALL OTHER WARRANTIES EXPRESS OR IMPLIED (INCLUDING ALL IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR APARTICULAR PURPOSE), ARE HERE BY DISCLAIMED. NO ORAL OR WRITTEN INFORMATION OR ADVISE GIVEN BY SALIENT, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.