Delsys software is licensed to users for their use only on the terms set forth below. Use of the software indicates your acceptance of these terms.
1. License: In return for payment of the applicable fee, Delsys Incorporated grants the Customer one or more licenses in the software, subject to the terms and restrictions set forth in the License Agreement. A license is associated with an individual or a computer installation or both.
2. Use: Customer may use the software on any one computer. Customer may not network the software or otherwise use it on more than one computer without having purchased a license or license to do so. . Customer may not reverse assemble or decompile the software unless authorized by law.
3. Copies: Customer may make copies of the software (a) for archival purposes or (b) when copying is an essential step in the use of the software with a computer so long as the copies and adaptations are used in no other manner.
4. Ownership: Customer agrees that it does not have any title or ownership of the software, other than ownership of the physical media. Customer acknowledges and agrees that the software is copyrighted and protected under the copyright laws. Customer acknowledges and agrees that the software may have been developed by a third party software supplier named in the copyright notices included with the software, who shall be authorized to hold the Customer responsible for any copyright infringement or violation of this Agreement.
5. Transfer of Rights in Software. Customer may transfer rights in the software to a third party only as part of the transfer of all rights and only if Customer obtains the prior agreement of the third party to be bound by the terms of this License Agreement. Upon such a transfer, Customer agrees that its rights in the software are terminated and that it will either destroy its copies and adaptations or deliver them to the third party.
6. Media (if applicable): Delsys warrants the media upon which this product is recorded to be free from defects in materials and workmanship under normal use for a period of NINETY (90) DAYS from the date of purchase. In the event any media prove to be defective during the warranty period, Customer’s remedy shall be to return the media to Delsys for replacement. Should Delsys be unable to replace the media within a reasonable amount of time, Customer’s alternate remedy shall be a refund of the purchase price upon return of the product and all copies.
7. Limitations on Warranty and Liability: DELSYS AND ITS THIRD PARTY DEVELOPERS, SUPPLIERS, AND DEALERS MAKE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SOFTWARE, ITS MERCHANTABILITY, OR ITS FITNESS FOR PARTICULAR PURPOSE. THE SOFTWARE IS LICENSED SOLELY ON AN “AS IS” BASIS. THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF NECESSARY SERVICING, REPAIR, OR CORRECTION, AND ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT WILL DELSYS OR ITS THIRD PARTY DEVELOPERS, SUPPLIERS, OR DEALERS BE LIABLE FOR DIRECT, INDIRECT, OR INCIDENTAL DAMAGES RESULTING FROM ANY DEFECT IN THE SOFTWARE, EVEN IT THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Some states do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above limitations may not apply to you.
8. Termination: This license shall terminate automatically if any terms of this license agreement are violated. The user may terminate this license at any time by destroying all copies of the program, including any portions merged into other software programs. The license agreement may be terminated by the Delsys, at its discretion, upon the giving of thirty (30) days written notice by the other party, or by specified time period of use.
9. Export Clause: Customer agrees not to export or re-export the software or any copy or adaptation in violation of the U.S. Export Administration regulations or other applicable regulation.
10. By installing the software, you agree to participate in the Delsys Customer Experience Improvement Program. When you participate, we may collect basic information about how you use your programs, your computer or device, and connected devices. These reports are sent to Delsys to help improve the features our customers use most often and to create solutions to common problems.
Customer Experience Improvement Program reports generally include information about the following:
a) Computer information such as the OS that your computer is currently running and how much memory is installed in the system.
b) Hardware and software configuration, such as the names of the connected Delsys hardware and software in the computer, the version of the software, the serial numbers associated with the software and hardware, and the language of the software.
c) Delsys software usage, such as the features that you use the most often, how frequently you launch the software, and how long you use the software.
Delsys uses Customer Experience Improvement Program information to improve our products. We do not collect private or personal information nor do we share information with partners nor sell customer information to third parties. Information that is collected by or sent to Delsys may be stored and processed in the United States or any other country in which Delsys or its affiliates, subsidiaries, or agents maintain facilities. Delsys may disclose this information if required to do so by law or in the good faith belief that such action is necessary to conform to the edicts of the law or comply with legal process served on Delsys or the site.
