Read the following terms and conditions carefully before using this Software. Use of this Software indicates your acceptance of these terms and conditions. If you do not agree with the terms and conditions, or any of them, you should promptly return the Software in its package in its entirety for a full refund.
Grant of License: Kodak Alaris Inc. ("Alaris") grants you a license to use one copy of the enclosed software program(s) (the "Software") subject to the license restrictions set forth below.
Restrictions on Use: You may use the Software only on one computer at a time. For each additional computer on which the Software is running at the same time, you will need an additional licensed copy of the Software. You may copy the Software as necessary to enable you to use the Software as described above.
Transfer of Software: You may permanently transfer the Software to another party if the other party agrees to accept the terms and conditions of this license and you retain no copies of the Software.
Diagnostic Software: Software used to maintain Equipment (including diagnosing performance failures) (“Diagnostic Software”) may be embedded, bundled, packaged, or provided separately. Diagnostic Software and the manner in which it is implemented constitute valuable proprietary intellectual property of Alaris. You acknowledge and agree that possession of the Diagnostic Software grants you no right either of ownership or of use of the Diagnostic Software except as stated here. Unless you are separately licensed by Alaris to do so, you shall not use, reproduce, distribute or disclose the Diagnostic Software for any purpose whatsoever, nor will you allow any other person, for consideration or no consideration, to do so. Notwithstanding the foregoing, your express written license rights from Alaris may include the right to use the Diagnostic Software exclusively on the specific [Alaris] Equipment for which such Diagnostic Software was intended. You further consent that at any time, including after the expiration of any warranty stated herein, Alaris may access, directly or remotely, the Equipment in order to prevent unauthorized use, reproduction or distribution of the Diagnostic Software.
Copyright: The Software is owned by Alaris or its suppliers and protected by copyright laws and international treaties. You may not copy the Software other than as expressly provided in this license. You may not reverse engineer, decompile, or disassemble the Software. If this Software is used within a country of the European Union, nothing in this Agreement shall be construed as restricting any rights available under the European Community Software Directive (91/250/EEC).
Term: This license is effective until terminated. You may terminate it at any time by destroying the Software together with all copies in any form. It will also terminate if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the Software together with all copies in any form.
LIMITED WARRANTY: This warranty gives you specific legal rights and you may also have other rights. For a period of 90 days after the date of delivery of the Software to you, as evidenced by a copy of your purchase receipt, Alaris warrants (i) the Software will perform substantially in accordance with the accompanying documentation, and (ii) the media on which the Software is furnished will be free from defects in materials and workmanship under normal use. Alaris does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free. You assume responsibility for operation of the Software to achieve your intended results, and for the installation, use, and results obtained from the Software.
Subject to any applicable legislation which prohibits the following exclusions, Alaris MAKES NO OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states and countries, including Australia, do not allow the exclusion of implied warranties, or have legislation that imposes certain statutory warranties that cannot be excluded, so the above exclusion may not apply to you.
LIMITATIONS OF REMEDIES: Subject to any applicable legislation which prohibits the following limitations, Alaris' entire liability and your exclusive remedy shall be, at Alaris' option either (a) the repair or replacement of the Software or any media not meeting Alaris' "Limited Warranty" that is returned to Alaris or your dealer with a copy of your receipt, or (b) the return of the price you paid for the Software, provided you have proof of the purchase price you paid. These remedies are not available if failure of the Software or media is the result of misuse, abuse, or a failure to follow the operating instructions in the accompanying written materials.
APPLICABLE LAW: If the Software was purchased in the United States, this Agreement is governed by the laws of the State of New York. If the Software is purchased outside the United States, this Agreement is governed by the laws of the country in which it was purchased.
U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subdivision (c)(1)(ii) of The Rights in Technical Data and Computer Software clause DFAR 252.227-7013 or such other applicable government or agency regulation providing equivalent protection. Contractor / manufacturer is Kodak Alaris Inc., 2400 Mount Read Blvd., Rochester, New York, 14615.