License Agreement#

Important#

CAREFULLY READ THIS SOFTWARE LICENSE AGREEMENT. BY 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 ANY ACCOMPANYING MEDIA) WITHIN THIRTY (30) DAYS OF RECEIPT. ALL RETURNS TO ALAZAR TECHNOLOGIES INC. (“ALAZARTECH”) WILL BE SUBJECT TO ALAZARTECH’S THEN-CURRENT 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.

Ownership#

AlazarTech retains the ownership of ATS-SDK software (“Software”). It is licensed to you for use under the following conditions:

Grant of License#

You may only concurrently use the Software on the computers that have an AlazarTech waveform digitizer card plugged in (for example, if you have purchased one AlazarTech card, you have a license for one concurrent usage). If the number of users of the Software exceeds the number of AlazarTech cards you have purchased, you must have a reasonable process in place to assure that the number of persons concurrently using the Software does not exceed the number of AlazarTech cards purchased.

This license is non-transferable.

Restrictions#

You may not copy the documentation or Software except as described in the installation section of the Software manual. You may not distribute, rent, sub-lease or lease the Software or documentation, including translating or decomposing. You may not modify, reverse-engineer, decompile, or disassemble any part of the Software or documentation, or produce any derivative work other than software applications that communicate with AlazarTech hardware using the published Application Programming Interface (API).

You may not remove, block, or modify any titles, logos, trademarks, copyright and/or patent notices, digital watermarks, disclaimers, or other legal notices that are included in the Software.

Termination#

This license and your right to use this Software automatically terminates if you fail to comply with any provision of this license agreement.

Rights#

AlazarTech retains all rights not expressly granted. Nothing in this agreement constitutes a waiver of AlazarTech’s rights under the Canadian and U.S. copyright laws or any other Federal or State law.

Limited Warranty#

Although AlazarTech has tested the Software and reviewed the documentation, ALAZARTECH MAKES NO WARRANTY OF REPRESENTATION, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THIS SOFTWARE OR DOCUMENTATION, ITS QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THIS SOFTWARE AND DOCUMENTATION IS LICENSED “as is” AND YOU, THE LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE. IN NO EVENT WILL ALAZARTECH BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE OR DOCUMENTATION, even if advised of the possibility of such damages. In particular, AlazarTech shall have no liability for any data acquired, stored or processed with this Software, including the costs of recovering such data.

THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR IMPLIED. No AlazarTech dealer, agent or employee is authorized to make any modifications or additions to this warranty.

Information in this document is subject to change without notice and does not represent a commitment on the part of AlazarTech. The Software described in this document is furnished under this license agreement. The Software may be used or copied only in accordance with the terms of the agreement.

Some jurisdictions do not allow the exclusion of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction.