Notice to user: This is a legal agreement between you and Perceptive Automation, LLC. By using the Software you accept all of, and agree to be bound by, the conditions and terms of this agreement. If you do not wish to accept this agreement, then you rescind all rights to use the Software.

“Software” means Perceptive Automation, LLC software programs and includes all upgrades, modified versions, and updates.

“Client Software” means Perceptive Automation, LLC software that presents User Interface elements and/or communicates with Server Software.

“Server Software” means Perceptive Automation, LLC software that has at least some of the functionality: loads, saves, and modifies databases and other files; executes logic and schedules; controls hardware; hosts plugins or other extendable programs; and communicates with Client Software runnning on other computers or portable devices.

“Registration Information” refers to any instructions or information that can be used to enable and activate the Software, including but not limited to account authentication credentials, registration user name, and registration code.

“Registered Server Software” refers to Software that is usable and enabled for an indefinite period of time because the user has entered authorized Registration Information.

“Trial Registered Server Software” refers to Software that is usable and enabled for a specific trial time period as determined by Perceptive Automation, LLC.

“Unregistered Server Software” refers to Software that is disabled or not usable because the user has not entered Registration Information or because termination of this End User License Agreement.

You may use Client Software on multiple computers or portable devices concurrently.

You may use Registered Server Software or Trial Registered Server Software on a single computer. A license for Registered Server Software or Trial Registered Server Software may not be installed, used, or shared on multiple computers at the same time.

You agree not to use the Software in any environment requiring fail-safe controls.

You agree not to use the Software in conjunction with hardware in any manner that could result in injury, death, damage, or destruction, in the event of a Software or hardware failure or error.

You agree not to share, distribute, post or sell any Registration Information.

You may not distribute the Software without documented approval from an authorized officer of Perceptive Automation, LLC.

You may not transfer or sell your license or rights without documented approval from an authorized officer of Perceptive Automation, LLC.

You may not alter, modify, adapt, combine, translate, decompile, disassemble or otherwise reduce the Software to any humanly perceivable format.

You may not create derivative works based on the Software.

You may not lease, rent, lend, or sublicense the Software.

You may not obtain Registration Information other than through a Perceptive Automation, LLC sanctioned vendor.

You may not (a) use Trial Registered Server Software beyond the valid trial time period, (b) attempt to obtain additional trial Registration Information, © alter your computer system in any fashion to re-enable expired Trial Registered Server Software, (d) use Trial Registered Server Software for any purpose other than evaluating the purchase of a Registered Server Software license.

The Software is owned by Perceptive Automation, LLC. Perceptive Automation, LLC shall retain all and sole right, title, interest, copyright, and intellectual property rights to the Software and any written or digital materials supplied with the Software. The Software is protected by United States Copyright Law and International Treaty provisions. This agreement does not grant you any intellectual property rights in the Software.

The Software is delivered AS IS and Perceptive Automation, LLC makes no warranty as to its use, performance, or reliability. Perceptive Automation, LLC disclaims all warranties and representations, whether expressed, implied, or otherwise. Perceptive Automation, LLC specifically disclaims any warranty of merchantability or fitness for a particular purpose. Perceptive Automation, LLC does not warrant that the Software is error free or will operate without interruption, nor does Perceptive Automation, LLC warrant the Software as compatible with any specific devices or compliant with any specific protocols.

In no event shall Perceptive Automation, LLC be held liable whether through contract, warranty, tort (including negligence), product liability or otherwise, to you or any third party for any incidental, indirect, special, or consequential damages, including but not limited to lost profits and savings, injury, death, damage or destruction.

In no event shall the aggregate liability, even through active, passive, or imputed negligence, of Perceptive Automation, LLC, exceed the amount paid by you for the original license.

Legal rights vary from state to state. Some states do not allow exclusion of liability for incidental or consequential damages, so that part of the above exclusion may not apply to you.

Without prejudice to any other rights, Perceptive Automation, LLC may terminate this End User License Agreement if you fail to comply with the terms and conditions stated herein. In such event, you must remove all copies of the Software from your computer(s) and destroy all related Registration Information.

This agreement shall be construed and enforced in accordance with the laws of the State of Texas. You consent all claims to the jurisdiction of the courts of the State of Texas. If any part of this agreement is declared under statue or applicable law to be invalid, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. This agreement may only be modified with documented approval by an authorized officer of Perceptive Automation, LLC.