End User License Agreement for Embedded Software Components
You have acquired a device (“DEVICE”) that includes software licensed by Newport Corporation (“Newport”) from an affiliate of Microsoft
Corporation (“MS”). Those installed software products of MS origin, as well as associated media, printed materials, and “online” or electronic
documentation (“SOFTWARE”) are protected by international intellectual property laws and treaties. Manufacturer, MS and its suppliers
(including Microsoft Corporation) own the title, copyright, and other intellectual property rights in the SOFTWARE. The SOFTWARE is
licensed, not sold. All rights reserved.
This End User License Agreement (“EULA”) is valid and grants the end-user rights ONLY if the SOFTWARE is genuine Certificate of
Authenticity for the SOFTWARE is included. For more information on identifying whether your software is genuine, please see
http://www.microsoft.com/piracy/howtotell.
IF YOU DO NOT AGREE TO THIS EULA, DO NOT USE THE DEVICE OR COPY THE SOFTWARE. INSTEAD, PROMPTLY
CONTACT NEWPORT FOR INSTRUCTIONS ON RETURN OF THE UNUSED DEVICES(S) FOR A REFUND. ANY USE OF THE
SOFTWARE, INCLUDING BUT NOT LIMITED TO USE ON THE DEVICE, WILL CONSTITUTE YOUR AGREEMENT TO THIS
EULA (OR RATIFICATION OF ANY PREVIOUS CONSENT).
GRANT OF SOFTWARE LICENSE. This EULA grants you the following license:
You may use the SOFTWARE only on the DEVICE.
Restricted Functionality. You are licensed to use the SOFTWARE to provide only the limited functionality (specific tasks or processes)
for which the DEVICE has been designed and marketed by Newport. This license specifically prohibits any other use of the software
programs or functions, or inclusion of additional software programs or functions that do not directly support the limited functionality on the
DEVICE. Notwithstanding the foregoing, you may install or enable on a DEVICE, systems utilities, resource management or similar
software solely for the purpose of administration, performance enhancement and/or preventive maintenance of the DEVICE.
If you use the DEVICE to access or utilize the services or functionality of Microsoft Windows Server products (such as Microsoft Windows
Server 2003), or use the DEVICE to permit workstation or computing devices to access or utilize the services or functionality of Microsoft
Windows Server products, you may be required to obtain a Client Access License for the DEVICE and/or each such workstation or
computing device. Please refer to the end user license agreement for your Microsoft Window Server product for additional information.
NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT. NEWPORT HAS INDEPENDENTLY DETERMINED
HOW TO USE THE SOFTWARE IN THE DEVICE, AND MS HAS RELIED UPON NEWPORT TO CONDUCT SUFFICIENT
TESTING TO DETERMINE THAT THE SOFTWARE IS SUITABLE FOR SUCH USE.
NO WARRANTIES FOR THE SOFTWARE. The SOFTWARE is provided “AS IS” and with all faults. THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT (INCLUDING LACK OF NEGLIGENCE) IS WITH
YOU. ALSO, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR
AGAINST INFRINGEMENT. IF YOU HAVE RECEIVED ANY WARRANTIES REGARDING THE DEVICE OR THE
SOFTWARE, THOSE WARRANTIES DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON, MS.
No Liability for Certain Damages. EXCEPT AS PROHIBITED BY LAW, MS SHALL HAVE NO LIABILITY FOR ANY
INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH
THE USE OR PERFORMANCE OF THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS
OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL MS BE LIABLE FOR ANY AMOUNT IN EXCESS OF U.S. TWO
HUNDRED FIFTY DOLLARS (U.S. $250.00).
Restricted Uses. The SOFTWARE is not designed or intended for use or resale in hazardous environments requiring fail-safe performance,
such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, or other devices or systems in
which a malfunction of the SOFTWARE would result in foreseeable risk of injury or death to the operator of the device or system, or to
others.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the
SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
SOFTWARE as a Component of the DEVICE – transfer. This license may not be shared, transferred to or used concurrently on
different computers. The SOFTWARE is licensed with the DEVICE as a single integrated product and may only be used with the
DEVICE. If the SOFTWARE is not accompanied by a DEVICE, you may not use the SOFTWARE. You may permanently transfer all of
your rights under this EULA only as part of a permanent sale or transfer of the DEVICE, provided you retain no copies of the SOFTWARE.
If the SOFTWARE is an upgrade, any transfer must also include all prior versions of the SOFTWARE. This transfer must also include the
Certificate of Authenticity label. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user
receiving the SOFTWARE must agree to all the EULA terms.
Consent to Use of Data. You agree that MS, Microsoft Corporation and their affiliates may collect and use technical information gathered
in any manner as part of product support services related to the SOFTWARE. MS, Microsoft Corporation and their affiliates may use this
information solely to improve their products or to provide customized services or technologies to you. MS, Microsoft Corporation and their
affiliates may disclose this information to others, but not in a form that personally identifies you.
Links to Third Party Sites. You may link to third party sites through the use of the SOFTWARE. The third party sites are not under the
control of MS or Microsoft Corporation, and MS or Microsoft are not responsible for the contents if any third party sites, any links
contained in third party sites, or any changes or updates to third party sites. MS or Microsoft Corporation is not responsible for webcasting
or any other form of transmission received from any third party sites. MS or Microsoft Corporation are providing these links to third party
sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by MS or Microsoft Corporation of the
third party site.
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