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:- "Andrew" means Andrew Corporation acting by and through one or more of its subsidiaries in its Network Systems group.
- "You" and "Your" refer to any person or entity that acquires or uses this Demo.
- "Software" means the computer programs contained in this Demo, together with all codes, techniques, software tools, formats, designs, concepts, methods, and ideas associated with the program.
- "Demo" means the Software, hardware, manual(s), and other items accompanying 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:- Operate the Software on one computer at a time, unless the Installation Manual specifies that this Software may be used on a greater number of computers.
- Make one backup copy of the Software, which automatically becomes the property of Andrew and is subject to this Agreement.
- Transfer the Software to a single hard disk drive or other permanent storage device for Your own use and keep the original Software as a second backup copy.
- Make such other use of the Software as is specifically permitted by the Installation Manual relating to the Software.
Prohibited Uses
You may not:- Make the Software available to any person or entity other than Your employees, who must use the Software as specified above. You may, however, after written notification to Andrew, transfer all (but not a lesser portion) of the Software and related manuals to another person or entity, who in turn will be subject to this Agreement.
- Modify the Software or merge it with another program. Any modified or merged portion of the Software is subject to this Agreement.
- Reverse-engineer, disassemble, decompile, or make any attempt to discover the source code to the Software.
- Translate or create derivative works based on the Software.
- Remove, obscure, or alter any notice of the Andrew copyright or other proprietary rights related to the Software.
- Sub-license, sell, lend, rent, or lease the Software or any portion of the Software, or use it for any purpose other than Your internal purposes.
- Copy any portion of the Software, except to make a backup copy or to transfer to a hard disk drive or other permanent storage device.
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:
- 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;
- 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;
- 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;
- 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.
