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Software End-User License Agreement

Notice

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING ANY SOFTWARE FROM ANDREW CORPORATION'S INTERNET SITE. IF YOU DO NOT AGREE WITH THEM, DO NOT DOWNLOAD SOFTWARE FROM ANDREW CORPORATION. Andrew provides the computer software program (The "Software") and licenses its use. You assume responsibility for the selection of the Software to achieve your intended results, and for the installation, use and results obtained from the Software.

Definitions

The following definitions apply to the terms as they appear in this Agreement:

Permitted and Intended Uses

Andrew grants You a non-exclusive license to use the Software according to the terms set forth below. You may:

Prohibited Uses

You may not:

The Software involves valuable proprietary rights of Andrew and others. Andrew and others retain title to and ownership of the Software and all copyright, trade secret, trade name, trademark, and other property rights related to the Software, regardless of the form in which the original or other copies exist. You may not violate these rights, and You must take appropriate steps to protect Andrew's rights. Andrew may at any time replace, modify, alter, improve, enhance, or change the Software.

Both the License and Your right to use the Software terminate automatically if You violate any part of this Agreement. In the event of termination, You must immediately destroy all copies of the Software.

Limited Warrenty

The Software itself IS LICENSED TO YOU ON AN "AS IS" BASIS. The Demo may be used for 30 days.

This warranty gives You specific legal rights; in some jurisdictions You may have other rights under certain statutes which imply non-excludable warranties.

Except as set out above, and to the maximum extent permitted by law:

  1. ANDREW MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
  2. ANDREW WILL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES EVEN IF ANDREW OR ITS AGENT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS ANDREW IS NOT RESPONSIBLE OR LIABLE FOR DAMAGES OR COSTS INCURRED AS A RESULT OF LOSS OF TIME, LOSS OF DATA, LOSS OF PROFITS OR REVENUE, OR LOSS OF USE OF THE SOFTWARE. IN ADDITION, ANDREW IS NOT RESPONSIBLE OR LIABLE FOR DAMAGES OR COSTS INCURRED IN CONNECTION WITH OBTAINING SUBSTITUTE SOFTWARE, CLAIMS BY OTHERS, INCONVENIENCE OR SIMILAR COSTS;
  3. ANDREW IS NOT LIABLE FOR ANY DAMAGES TO YOU OR ANY OTHER PERSON IN EXCESS OF THE PRICE YOU PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM;
  4. ADDITIONAL STATEMENTS BY AGENTS, EMPLOYEES, DISTRIBUTORS AND DEALERS OF ANDREW, SUCH AS DEALER ADVERTISING OR PRESENTATIONS, DO NOT CONSTITUTE WARRANTIES OR CONDITIONS BY ANDREW, DO NOT BIND ANDREW AND SHOULD NOT BE RELIED UPON.

This warranty does not cover claims based on the fact that the disk or material has been lost, stolen or damaged by accident, misuse or unauthorized modification.

General

This Agreement constitutes the entire agreement and supersedes any prior agreement between Andrew and You concerning the contents of this Demo. Andrew is not bound by any provision of any purchase order, receipt, acceptance, confirmation, correspondence, or otherwise, unless Andrew specifically agrees to the provision in writing. Any written or oral information or advice given by Andrew dealers, distributors, agents, or employees will in no way increase the scope of this Agreement, nor may You rely on any oral or written communications from any such persons. This Agreement can be amended, modified, or waived only if the change is written and signed by an authorized officer of Andrew.