End-User Software License Agreement

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CAREFULLY READ THIS SOFTWARE LICENSE AGREEMENT ("AGREEMENT"). BY DOWNLOADING THE SOFTWARE AND/OR CLICKING THE APPLICABLE BUTTON TO COMPLETE THE INSTALLATION PROCESS, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BECOME A PARTY TO THIS AGREEMENT AND BE BOUND BY ITS TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE SOFTWARE, AND RETURN THE SOFTWARE (WITH ALL ACCOMPANYING WRITTEN MATERIALS AND THEIR CONTAINERS) WITHIN THIRTY (30) DAYS OF RECEIPT. ALL RETURNS TO NI WILL BE SUBJECT TO NI′S THEN-CURRENT RETURN POLICY. If you are accepting these terms on behalf of an entity, you agree that you have authority to bind the entity to these terms.

The terms of this Agreement apply to the computer software provided with this Agreement, all updates or upgrades to the software that may be provided later by SalvationDATA as part of any maintenance, technical support, or other services program for the software, unless such update or upgrade comes with separate software license terms, and all accompanying documentation, utilities, and Driver Interface Software (collectively "Software" or "SOFTWARE"). Software does not include certain third party software that SalvationDATA provides to you but that is subject to separate license terms either presented at the time of installation or otherwise provided with the Software ("Third Party Software").

1.       Grant of License & Restrictions

A.      Inconsideration of, and conditioned upon, your payment of any applicable fees to SalvationDATA and subject to the terms set forth in this Agreement, XLY SalvationdataTechnology INC. ("SalvationDATA"), as applicable depending on the country of manufacture, hereby grants you a limited, revocable, non-exclusive right and license to use the Software only in the specific configuration allowed by the license type identified in the applicable documentation provided by SalvationDATA to you. Unless otherwise provided in this Agreement.

B.      Restrictions.You must not violate any applicable laws in your use of the Software. Unless and only to the extent that this Agreement expressly permits, you must not:

(i)                  modify or create derivatives of the Software;

(ii)                install or use the Software in a floating, concurrent, or any other shared context;

(iii)               distribute or otherwise make the Software or any password, key, or other access code for the Software available to any third party;

(iv)               disassemble the Software, unless and only to the extent that applicable law expressly prohibits this restriction;

(v)                sublicense, lease, lend, or rent the Software;

(vi)               remove, minimize, block, or modify any titles, logos,trade marks, copyright and patent notices, digital watermarks, disclaimers, or other legal notices that are included in the Software, whether or not they are SalvationDATA or a third party′s;

C.      Your use of the Software must also be in accordance with the applicable documentation that accompanies the Software and not in any manner that circumvents or is intended to circumvent such documentation or the intent ofthis Agreement.

2.       Software Services. This Agreement does not entitle you to any upgrades or maintenance, technical, or other services for the Software ("Software Services"),which you may be required to purchase separately.

 

3.       Transfer. You may transfer a named user license or computer-based license to a third party in the same country in which you purchased the license, or within the European Union if you purchased the license in the European Union, provided that (i) you notify SalvationDATA in writing of such transfer, including the name and location of such third party; (ii) such third party accepts the terms and conditions of this Agreement; and (iii) after such transfer you do not retain any copies of the Software or any of the written materials accompanying the Software. SalvationDATA may, in its discretion, charge you a fee for the license transfer.

 

4.       Upgrade.If this copy of the Software is an upgrade from an earlier version of theSoftware, it is provided to you on a license exchange basis.  You agree byyour installation and use of this copy of the Software to voluntarily terminateyour earlier end-user license and that you will not continue to use the earlierversion of the Software nor transfer it to another.

 

5.       Copyright. No Other Licenses. The Software is licensed and not sold. The Software, all copies of the Software, related contents, and all rights therein, are owned by NI or its suppliers and are protected by applicable copyright laws and international treaty provisions. All rights not expressly granted to you in this Agreement are reserved to NI. Further, and without limiting the foregoing, no license or any right of any kind, whether by express license, implied license, the doctrine of exhaustion, or otherwise, is granted under any NI patents(whether identified herein or not) or other intellectual property right of NI with respect to.

 

6.       Limited Warranty. SalvationDATA warrants, for your benefit alone, that for a period of 1year from the date the Software is shipped to you or, if downloaded, from the date the Software is first downloaded by you, (i) the Software will perform substantially in accordance with the documentation that accompanies the Software and (ii) the installation media on which SalvationDATA provides the Software (if any) will be free from defects in materials and workmanship under normal use and service ("Limited Warranty"). Any replacement Software will be warranted for the remainder of the original warranty period or thirty(30) days, whichever is longer. Some jurisdictions do not allow exclusion of or limitation on duration of an express or implied warranty or limitation on any applicable statutory rights of a consumer, so the above limitations may not apply to you; in such event, such warranties are limited to the minimum warranty period allowed by applicable law. The Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, improper calibration by you, third party products (either hardware or software)used by you that are not intended by SalvationDATA for use with the Software, utilization of an improper hardware or software key, or unauthorized maintenance of the Software.

 

info@salvationdata.com

Tel.+86 28 6873 1486