Scallop software license agreement
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BLACKHAWK/SCALLOP IMAGING, LLC (“BLACKHAWK/SCALLOP”). READ THIS AGREEMENT CAREFULLY BEFORE YOU DOWNLOAD OR USE THE SOFTWARE ACCOMPANYING THIS AGREEMENT. BY DOWNLOADING OR USING SUCH SOFTWARE, YOU ARE CERTIFYING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREEING TO BE BOUND BY ITS TERMS AND CONDITIONS.
LICENSE. Subject to your compliance with all of the terms and conditions of this Agreement, you may use the Blackhawk/Scallop Imaging software product accompanying this Agreement, and any user documentation provided, whether in printed, “online” or electronic form (collectively, the “Software“) on one hardware device at a time. You may make one copy of the Software solely for backup or archival purposes if all copyright and other notices are reproduced on that copy, or you may copy the Software to a single hard disk provided you keep the original solely for backup or archival purposes. If the Software is an upgrade, you may use it only with the product upgraded from.
COPYRIGHT. The copyright, trade secrets and all other intellectual property rights in the Software are owned by Blackhawk/Scallop Imaging or its suppliers and are protected by the copyright and other laws of the United States and other countries and by international treaty provisions. Blackhawk/Scallop Imaging retains all rights not expressly granted in this Agreement.
OTHER RESTRICTIONS. You may not modify, adapt, decompile, disassemble or otherwise reverse engineer the Software, except to the extent this restriction is expressly prohibited by applicable law. You may not loan, rent, lease, or license the Software, but you may permanently transfer your rights under this Agreement provided you transfer this Agreement, the Software, and all accompanying printed materials and retain no copies, and the recipient agrees to the terms of this Agreement. Any such transfer must include the most recent update and all prior versions.
NO WARRANTIES. To the maximum extent permitted by applicable law, Blackhawk/Scallop Imaging disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. Blackhawk/Scallop Imaging does not warrant that the Software will meet your requirements or that the Software will operate uninterrupted or error-free.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, Blackhawk/Scallop Imaging will have no liability for any damages whatsoever arising out of your use of or inability to use the Software (including, without limitation, direct damages, consequential or incidental damages and damages or costs for loss of profits, business, goodwill, data or other assets, or computer programs) even if Blackhawk/Scallop Imaging has been advised of the possibility of such damages. Some jurisdictions do not allow exclusion or limitation of liability for consequential or incidental damages, so this limitation may not apply to you. If notwithstanding the foregoing exclusion of damages Blackhawk/Scallop Imaging is found to have liability under this Agreement, Blackhawk/Scallop Imaging’s liability will not exceed the amount you paid to Blackhawk/Scallop Imaging for the Blackhawk/Scallop Imaging camera upon which the Software is installed.
LICENSES TO U.S. GOVERNMENT. This paragraph applies to all acquisitions of the Software by or for the federal government, or by any prime contractor or subcontractor (at any tier) under any contract, grant, cooperative agreement or other activity with the federal government (collectively, the “Government”). By downloading or using the Software, you are agreeing on behalf of the Government that the Software and any documentation related thereto are respectively “commercial computer software” and “commercial computer software documentation” within the meaning of the acquisition regulation(s) applicable to this procurement. These terms and conditions alone will govern the Government’s use of the Software and will supersede any conflicting contractual terms or conditions. If the license granted by these terms and conditions fails to meet the Government’s needs or is inconsistent in any respect with Federal law, the Government must return the Software unused to Blackhawk/Scallop Imaging. Contractor/Manufacturer is Blackhawk Imaging LLC, 700 SE 5th Street, Suite #2 Bentonville, Arkansas 72712.
GENERAL. The export of the Software from the United States and re-export from any other country is governed by the U.S. Department of Commerce under the export control laws and regulations of the United States and by any applicable law of such other country, and the Software may not be exported or re-exported in violation of any such laws or regulations. This Agreement is the complete and exclusive statement of the agreement between you and Blackhawk/Scallop Imaging and supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of this Agreement. This Agreement will be governed by and interpreted under the laws of the Commonwealth of Massachusetts, United States of America, without regard to conflicts of law provisions.
BY DOWNLOADING OR USING THE SOFTWARE ACCOMPANYING THIS AGREEMENT, YOU ARE CERTIFYING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREEING TO BE BOUND BY ITS TERMS AND CONDITIONS.