

IMPORTANT:
READ CAREFULLY.

READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT PRIOR TO INSTALLING THE SOFTWARE PACKAGE.

INSTALLING THE SOFTWARE PACKAGE INDICATES YOUR ACCEPTANCE OF THE FOLLOWING LICENSE AND USE AGREEMENT. This is a legal agreement between you (individual or entity) and Microstar Laboratories™ Inc. ("Licenser"). If you use the software package you agree to be bound by this agreement. If you do not agree to this agreement, you can return any physical package you purchased to Microstar Laboratories for a refund, and you must destroy any software copy you obtained by means of electronic distribution or download.


MICROSTAR LABORATORIES™  INC. SOFTWARE LICENSE & USE AGREEMENT
I.	PRIOR TO USING THE SOFTWARE: Prior to using the Software, READ FILE ENTITLED “REDIST.TXT”. Some Software is designated in REDIST.TXT as "Redistributables", and may be distributed without royalty payments to Licenser under the terms of Sec. IV (B) below. All other Software is licensed only for use on a single computer under the terms of Sec. II.

II.	GRANT OF LICENSE: This license agreement is a non-exclusive license which permits you to use the software ("Software”) with Licenser products on one computer; those portions of the Software which run in a Data Acquisition Processor™ may be used in one Data Acquisition Processor. The Software is in “use” on a computer when it is loaded into temporary memory (RAM) or installed into permanent memory (hard disk, CD-ROM, or other storage device) of that computer. However, installation on a network server for the sole purpose of internal distribution shall not constitute "use" for which a separate license is required,  provided you have a separate license for each computer to which the Software is distributed. Otherwise, you may not transfer the Software from one computer to another over a network

III.	COPYRIGHT: The Software is owned by Licenser and is protected by U.S. and international copyright laws. You must treat the Software like any other copyrighted materials except that you may either (a) make copies of the Software solely for backup purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely for backup purposes. You may not copy the written materials accompanying the Software. The copyright notice of Licenser must appear on any copy authorized under this agreement.

IV.  	CONDITIONS:
A.	Use: The software covered by this license can be used by one person at a time.
B.	Redistributables, including Source Code and Sample Code: Licenser retains title, ownership and distribution rights to the source code it provides. You may use the Software only with Licenser products. Licenser grants you a non-exclusive royalty free right to modify, reproduce and distribute the object code versions of those portions of the Software designated in REDIST.TXT as Redistributables, provided that you (a) distribute the Redistributables only in executable form, in conjunction with and as a part of your software application product; (b) do not use Licenser’s name, logo or trademarks to market your software application product; (c) include Licenser copyright notice for the Software on your product disk label and/or on the title page of the documentation for your software application product; and (d) agree to indemnify, hold harmless and defend Licenser from and against and pay any claims or lawsuits, including attorney’s fees, that arise or result from the use or distribution of your software application product
C.	Firmware: Portions of Licenser software covered by this license may be provided as firmware in ROMs. Licenser retains title, ownership and distribution rights to the firmware which it provides to you.
D.	Transfer: You may not rent or lease the Software, but you may transfer the Software and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. If the Software is an update or has been updated, any transfer must include the most recent update and all prior versions.
E.	Proprietary Information: You may not reverse engineer, decompile or disassemble the Software. 

V.	DISCLAIMER OF SOFTWARE WARRANTIES AND LIABILITIES
	LICENSER LICENSES THE SOFTWARE "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU HAVE THE RESPONSIBILITY TO DETERMINE WHETHER THE SOFTWARE MEETS YOUR NEEDS. YOU ARE RESPONSIBLE FOR ITS USE AND FOR THE RESULTS OF ITS USE.
	YOU ASSUME THE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE TO BE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIR, SERVICING OR CORRECTIONS. LICENSER DOES NOT WARRANT THAT THE SOFTWARE WILL RUN WITHOUT DEFECTS. IN NO EVENT SHALL LICENSER BE LIABLE TO YOU FOR ANY DAMAGES. INCLUDING LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR THE INABILITY TO USE THE SOFTWARE, EVEN IF LICENSER OR AN AUTHORIZED DEALER HAS BEEN NOTIFIED OF THE POSSIBILITY OF DAMAGES. LICENSER WILL NOT BE LIABLE FOR ANY CLAIM BY ANY OTHER PARTY.

VI.	HARDWARE COMPONENTS LIMITED WARRANTY
A.	The hardware components of this license consist of one or more diskettes and/or one or more ROMs. Licenser warrants that the hardware components of the software are in good working order and will be in good working order for one year from the date of purchase of the license from Licenser or its authorized representative.
B.	If the diskettes or ROMs are defective or become defective within the one year period, contact Licenser or its authorized representative. Licenser or its authorized representative upon receiving the notice, a copy of the purchase receipt, and the original diskette(s) or components shall provide you with replacements for the defective hardware components.
C.	Licenser has no obligation to provide replacement hardware components if the damage (defect) resulted from misuse, abuse, accident, disaster or modifications made by any party other than Licenser.
D.	If  Licenser provides replacement parts, the replacement shall be warranted to the end of the original one year warranty period, but in any case not for less than 30 days.

VII.	TERMINATION OF THE AGREEMENT
	This Agreement is effective until terminated. This Agreement shall terminate if you fail to comply with the terms of the agreement. You agree to destroy all copies of the Software upon termination. You can terminate this agreement by destroying all copies of the Software.

VIII. 	LIFE SUPPORT SYSTEMS
	LICENSER PRODUCTS ARE NOT AUTHORIZED FOR USE IN LIFE SUPPORT DEVICES OR LIFE SUPPORT SYSTEMS WITHOUT THE EXPRESS WRITTEN CONSENT OF THE PRESIDENT OF LICENSER.

IX.	GOVERNING LAW
	This agreement shall be governed by the laws of the State of Washington.
	YOU AGREE TO THE TERMS OF THIS LICENSE. YOU AGREE THAT THIS LICENSE SUPERSEDES ALL PREVIOUS COMMUNICATION CONCERNING THE PRODUCT CONTAINED IN THIS PACKAGE AND THAT THIS LICENSE IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND LICENSER.
