PSA / PVA Installation Guide
April 20, 2023 Sifos Technologies Page 27
PACKAGE AND/OR ACCESSING OR EXECUTING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE
TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS
AGREEMENT, RETURN THE UNOPENED PACKAGE WITH PROOF OF PURCHASE FOR A REFUND.
Sifos Technologies, Inc. (“Sifos”) and its licensors provide the software contained on the media in the package and/or
as part of the equipment supplied by Sifos and any modifications to, enhancements to and/or replacements of such
software supplied to you by Sifos including, without limitation, firmware (collectively , the “Software”), together
with the associated documentation (the “Documentation”), and license their use solely on the terms and subject to the
conditions set forth in this Agreement.
LICENSE: Sifos grants you a nontransferable and nonexclusive license to use the Software and Documentation only
for your internal use. Sifos retains sole and exclusive right, title and ownership in, to and under the Software and
Documentation and all intellectual property rights associated therewith (including, without limitation, all patent,
copyright, trademark, trade dress and trade secret rights, including further without limitation the name “Sifos” and
Sifos’ logo device), and no rights are granted to you other than to use the Software and Documentation on the terms
and for the purpose expressly set forth in this Agreement. All other trademarks, registered or unregistered, are and
shall remain the sole and exclusive property of their respective owners. You acknowledge that the underlying
structure, sequence, organization, and source code of the Software are valuable trade secrets of Sifos and/or its
licensors and you agree as follows:
You, your employees, and/or your agents are required to protect the confidentiality of the Software and
Documentation, and may not (i) distribute or otherwise make the Software and Documentation available to any third
party without written consent from Sifos Technologies; (ii) use the Software or Documentation to provide services to
third parties without the prior written consent of Sifos or for any purpose other than as set forth in this Agreement;
(iii) assign, sublicense, lease, or transfer the license hereunder or the Software or Documentation; (iv) decompile,
disassemble, reverse engineer, or modify the Software; (v) remove, modify, or overprint any copyright, trademark,
confidentiality or other intellectual property notices appearing in the Software or Documentation; or (vi) use the
Software on a timesharing or service bureau basis. Any backup copies of the software are covered by the same terms
and conditions as the original copy.
The software may be installed on as many computers as needed, where only one computer can control one single
instrument at any one point in time.
TERM: This Agreement is effective until terminated as set forth herein. You may terminate this Agreement at any
time by deleting the Software from your computer libraries and archives and returning all copies of the Software and
Documentation, including the backup copy, to Sifos. Sifos may terminate the license contained herein at any time in
the event of the breach of any of the terms and conditions of this Agreement, in which event you agree to
immediately stop all use of the Software and Documentation and promptly perform all obligations set forth in the
immediately preceding sentence regarding any termination by you of this Agreement.
NO WARRANTY: EXCEPT AS PROVIDED IN OTHER TERMS AND CONDITIONS ACCOMPANYING THE
SOFTWARE, THE SOFTWARE AND DOCUMENTATION ARE LICENSED HEREUNDER WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A
PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSIONS OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY IN NO EVENT WILL SIFOS OR ITS LICENSORS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS,
LOST SAVINGS, OR OTHER INCIDENTAL, SPECIAL,INDIRECT, CONSEQUENTIAL OR SIMILAR
DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE AND/OR
DOCUMENTATION OR OTHERWISE ARISING UNDER THIS AGREEMENT (WHETHER BY REASON OF
BREACH OF CONTRACT, TORT OR OTHERWISE) EVEN IF SIFOS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR IS NEGLIGENT. SIFOS’ AND ITS LICENSORS’ LIABILITY, IF
ANY, FOR DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO THE ACTUAL FEE PAID BY
YOU FOR SUCH SOFTWARE.
GENERAL(1) This Agreement will be governed by the internal laws of the Commonwealth of Massachusetts
without regard to its principles of conflict of laws and without regard to the U.N. Convention on Contracts for the
International Sale of Goods. (2) You agree to comply with the United States Export Administration Act of 1979, as
amended, and the U.S. Export Administration Regulations of the U.S. Department of Commerce with regard to the
exportation of the Software and Documentation. (3) This Agreement is the entire agreement between you and Sifos
and supersedes any prior or contemporaneous agreements or communications, oral or written, relating to the subject
matter of this Agreement. (4) This Agreement may only be modified by a written instrument signed by Sifos. (5) If
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