SOFTWARE LICENSE AGREEMENT
This is an agreement between you, the end user, and Gerber Scientific International and its suppliers ("GSI"). By opening the sealed software package
or using the GSI Software, you are agreeing to be bound by the terms of this agreement.
If you do not agree to the terms of this Agreement, promptly return all copies of the software, the media (CD-ROM, floppy diskettes, etc.) package, and
all accompanying materials (including any GSI security device), to the GSI-authorized distributor where you obtained them for a full refund of the price
of the GSI software.
Otherwise, YOU AGREE TO THE FOLLOWING:
Grant of License to you by GSI You May:
1. Use the GSI Software on a single computer (with a single terminal) at a single location together with the applicable GSI security device(s).
2. Make a single additional copy of the GSI Software for archival or backup purposes to be stored in a secure environment.
3. Transfer the GSI Software to another party, provided that: (a) this Agreement, all copies of any and all versions of the GSI Software,
accompanying materials, and any applicable security device(s) are transferred together to the same recipient; and, (b) the recipient agrees
to the terms of this Agreement. (If you are leasing any GSI equipment utilizing the GSI Software, please refer to your lease agreement for
any prohibitions on transfer).
License Restrictions. You may NOT:
1. Use the backup copy for any purpose except for reinstalling the GSI Software on your computer in the event of a computer failure.
2. Make any copies of the GSI Software (in whole or in part) except for the archival or backup copies specifically authorized in the Grant of
License, above.
3. Decompile, reverse assemble, reverse engineer, or make any other attempt to decipher the GSI Software or any applicable GSI security
device(s) or otherwise determine the source code of the GSI Software, or assist or permit others to do any of the foregoing.
4. Develop, make, or use a functional equivalent of, or modify, the applicable security device(s), or assist or permit others to do any of the
foregoing.
5. Revise, reproduce, or distribute the GSI Software documentation.
6. Retain any copies of the GSI Software, including its documentation, if you transfer the GSI Software to another party; or make any transfer
except as specifically authorized in the Grant of License, above.
If you violate any of the foregoing license use restrictions, your license automatically terminates and you no longer have the right to use or transfer the
GSI Software. Such termination is in addition to any other civil or criminal remedies available to GSI or any other companies that have an ownership in
or relating to the GSI Software.
LIMITED WARRANTY - MEDIA AND SECURITY DEVICE
GSI's only warranty with respect to the materials provided to you is that the media (CD-ROM, floppy diskettes, etc.) on which the GSI Software may be
contained, and any applicable GSI security device, will be free of defects in material and workmanship for a period of 90 days from the date of original
purchase. GSI's only obligation will be to repair or replace, at GSI 's election, such media or GSI security device found to be defective. To avail
yourself of the foregoing limited warranty, you must first inform GSI of the defect and return the media/security device to a GSI-authorized distributor
during the warranty period. The foregoing Limited Warranty is made to the end user only and does not apply to media/security devices damaged by
accident, abuse, misuse, or modification. GSI DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NO WARRANTY - GSI SOFTWARE
The GSI Software and accompanying written materials are provided to you "AS IS." GSI does not warranty that the GSI Software will meet your
requirements, that the operation of the GSI Software will be error free or will match the appearance and description in the written documentation, or
that the GSI Software will function on your computer or will not interfere with any other program you may have on your computer. GSI DISCLAIMS
ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE GSI SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS.
NEITHER GSI NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DISTRIBUTION OF THE GSI
SOFTWARE, ACCOMPANYING WRITTEN MATERIAL, CD-ROM OR DISKETTE MEDIA, AND/OR SECURITY DEVICE WILL HAVE ANY
OBLIGATION OR LIABILITY TO ANY BUYER OR END USER OR ANY OTHER PERSON FOR LOSS OF PROFITS, LOSS OF USE, OR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGE (EVEN IF GSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) THAT
ARISE OUT OF OR ARE IN CONNECTION WITH YOUR OBTAINING OR ATTEMPTING TO USE THE SOFTWARE, WRITTEN MATERIALS, CD-
ROM OR DISKETTE MEDIA, AND/OR SECURITY DEVICE (including, without limitation, lost profits, downtime, goodwill, loss of use, damage to or
replacement of equipment or property, and costs of recovering, reprogramming, replacing or reproducing any program or data stored in or used with
the GSI Software).
COPYRIGHT OWNERSHIP
The GSI Software, accompanying written materials and applicable security device(s) are owned by GSI or its suppliers, and the GSI Software and
accompanying written materials are protected by United States copyright laws and international treaty provisions. In addition to the above license use
restrictions, copyright protection limits the making and use of copies of the GSI Software. There may be civil and criminal penalties for copyright
violations.
U.S. GOVERNMENT RESTRICTED RIGHTS
The GSI Software and accompanying written materials are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is
subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 52.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer
is Gerber Scientific International/83 Gerber Road/South Windsor/CT 06074.
If any provision of this Agreement is found to be unlawful, void or unenforceable, then that provision shall be severed from this Agreement and will not
affect the enforceability of the remaining provisions. This Agreement is the entire agreement between you and GSI concerning the subject matter
hereof. No GSI distributor, agent or employee is authorized to modify this Agreement, and no representation shall be binding upon GSI, unless it is in
writing and signed by a GSI officer. This Agreement is governed by the laws of the State of Connecticut, U.S.A., without regard to principles or
applications of choice of law rules or international treaties.
