Two Can Tech LLC Software End User Agreement
(covering Data-CAT, S.O.A.R. Applications)
IMPORTANT INFORMATION – PLEASE READ CAREFULLY
The
herein
contained
License
Agreement
("License"
or
"EULA")
shall
be
considered
a
legally
binding
agreement
between
You
(as
an
individual
or
an
entity,
who
then
shall,
within
the
constraints
of
this
agreement,
be
referred
to
as
"You"
or
"Your")
and
Two
Can
Tech
LLC
for
the
use
of
the
specified
software
application
of
SOAR
Applications,
Data-CAT
And
HAMS,
which
may
include
related
printed
material,
media
and
any
other
components
and/or
software
modules,
including
but
not
limited
to
required
drivers
("Product").
Other
aspects
of
the
Product
may
also
include,
but
are
not
limited
to,
software
updates
and
any
upgrades
necessary
that
Two
Can
Tech
LLC
may
supply
to
You
or
make
available
to
You,
or
that
You
could
obtain
after
the
initial
copy
of
the
Product,
and
as
such
that
said
items
are
not
accompanied
by
a separate license agreement or terms of
use.
BY
WAY
OF
THE
INSTALLATION,
COPYING,
DOWNLOADING,
ACCESSING
OR
OTHERWISE
USE
OF
THIS
PRODUCT,
YOU
ARE
AGREEING
TO
BE
LEGALLY
BOUND
BY
THE
HEREIN
CONTAINED
TERMS
OF
THIS
LICENSE
AGREEMENT.
IF
YOU
DO
NOT
AGREE
TO
BE
BOUND
BY
THE
TERMS
OF
THIS
EULA,
YOU
THEN
HAVE
NO
RIGHTS
TO
THE
PRODUCT
AND
SHOULD
THEREFORE NOT
INSTALL,
COPY,
DOWNLOAD, ACCESS NOR USE THE PRODUCT.
This Product is hereby protected by copyright laws, as well as any other intellectual property laws. This Product is licensed and not sold.
LICENSE GRANT
Two
Can
Tech
LLC
shall
grant
to
you
a
non-exclusive
license
for
the
use
and
installation
of
the
Product
subject
to
all
the
terms
and
conditions
set
forth
herein.
Furthermore,
this
EULA
shall
also
govern
any
and
all
software
upgrades
provided
by
Two
Can
Tech
LLC
that
would
replace,
over
write
and/or
supplement
the
original
installed
version
of
the
Product,
unless
those
other
upgrades
are
covered
under
a
separate
license,
at
which
those
terms
of
that
license
will
govern.
TERMINATION
Should
you
breach
this
EULA
at
any
time,
your
right
to
the
use
of
the
Product
will
then
immediately
terminate
and
shall
terminate
without
any
notice
being
given.
However,
all
provisions
of
this
EULA,
with
the
exception
of
the
License
Grant,
will
remain
in
effect
and
thus
shall
survive termination. Upon termination of the License Grant,
You
MUST
destroy any and all copies of the Product.
COPYRIGHT
The
aforementioned
Product
is
protected
by
copyright
and
other
intellectual
property
laws
and
treaties,
and
as
such
all
rights,
title,
and
interest
in
and
to
the
content
offered,
including
but
not
limited
to,
any
photographs,
images,
video
animation,
text,
and
music,
that
may
be
incorporated
as
part
of
the
offered
content.
Such
offered
content
is
protected
by
copyright
laws
and
international
treaty
provisions.
Therefore,
offered
content
must
be
treated
as
any
other
copyrighted
material,
with
the
exception
that
it
is
allowable
for
you
to
make
copies
as provided by the License.
However,
printed material, which may accompany any offered content, may not be copied.
RESTRICTIONS ON USE
As a Licensee, You may not:
a)
Make use of the offered content on more than one computer at a time, without prior purchase of additional licenses;
b)
You may not share, distribute, lend, lease, sublicense or otherwise make available, in any manner whatsoever, to any third party the
offered content;
c)
Modify, adapt, create derivative works from or translate any part of the offered content other than what may be used within
Your work in accordance with this License;
d)
Reverse engineer, decompile or disassemble the offered content, nor attempt to locate or obtain its source code;
e)
Attempt to alter or remove any trademark, copyright or other proprietary notice contained within the offered content; or
f)
Make use of any offered content in any manner not stipulated within this EULA or the documentation accompanying the offered
content.
UPDATES
Two
Can
Tech
LLC
may
find
the
need
from
time
to
time
to
make
available
to
all
license
holders
updates
for
the
offered
content,
in
accordance
with
the
herein
contained
terms
and
conditions
of
this
EULA.
It
shall
be
at
the
sole
discretion
of
Two
Can
Tech
LLC
to
make
conditional
releases
of
said
upgrade
to
you
upon
your
acceptance
of
another
EULA
or
execution
of
another
separate
agreement.
Should
you
elect
to
install
and
make
use
of
these
updates,
you
are
therefore
agreeing
to
be
subject
to
all
applicable
license,
terms
and
conditions
of this EULA and/or any other
agreement.
DISCLAIMER OF WARRANTY
With
regard
and
with
relationship
to
the
maximum
extent
permitted
by
applicable
law,
Two
Can
Tech
LLC,
and,
if
applicable,
related
suppliers,
shall
provide
the
Product
and
any
support
services,
if
needed,
related
to
the
Product,
and
hereunto
disclaim
all
warranties
and
conditions,
either
express,
implied
or
statutory,
which
may
include,
but
are
not
limited
to,
any
implied
warranties
or
conditions
of
merchantability,
of
suitability
for
a
specified
purpose,
that
it
contains
absolute
accuracy
or
completeness
of
responses,
of
results,
and
of
any
lack
of
negligence
or
lack
of
workmanlike
effort,
all
with
respect
to
the
Product,
and
the
provision
of
or
failure
to
provide
Support
Services.
FURTHERMORE,
THERE
IS
NO
WARRANTY
OR
CONDITION
OF
TITLE,
QUIET
ENJOYMENT,
QUIET
POSSESSION,
OR
NON-
INFRINGEMENT
WITH
REGARDS
TO
THE
HEREIN
CONTAINED
PRODUCT.
THE
ENTIRE
RISK
AS
TO
THE
QUALITY
OF
OR
PERFORMANCE
OF
THE
PRODUCT
AND
SUPPORT
SERVICES,
IF
ANY,
REST
WITH
YOU.
LIMITATION OF LIABILITY AND REMEDIES
In
spite
of
any
damages
that
you
may
or
may
not
incur
for
any
reason,
which
may
include,
but
are
not
limited
to,
any
and
all
direct
or
general
damages,
the
entire
liability
of
Two
Can
Tech
LLC
and/or
any
of
the
aforementioned
suppliers
covered
under
the
herein
contained
provisions
of
this
EULA,
along
with
Your
exclusive
remedy
with
regards
to
all
of
the
foregoing,
shall
hereby
be
limited
to
the
amount
actually
paid
by
you
for
this
Product
.
Therefore,
the
aforementioned
limitations,
exclusions
and
any
disclaimers
shall
apply
to
the
maximum
extent allowable by
law,
even should any proposed remedy fail its essential
purpose.
EXPORT CONTROLS
By clicking on the
ACCEPT
button, you hereby agree that you will comply with any and all applicable
export
laws,
restrictions
and
all
regulations
of
the
U.S.
Department
of
Commerce,
U.S.
Department
of
Treasury,
and
any
other
U.S.
or
foreign
agency
or
authority
with
regards
to
this
provision
of
the
EULA.
You
expressly
agree
not
to
export
or
re-export,
nor
allow
the
export
or
re-
export
of
the
offered
content
in
violation
of
any
such
law,
restriction
or
regulation,
including
without
limitation,
export
or
re-export
to
any
country
subject
to
any
and
all
applicable
U.S.
trade
embargoes
or
to
any
prohibited
destination,
in
any
group
specified
in
the
current
"Supplement
No.
1
to
Part
740
or
the
Commerce
Control
List
specified
in
the
then
current
Supplement
No.
1
to
Part
738
of
the
U.S.
Export
Administration Regulations (or any successor supplement or regulations)."
U.S. GOVERNMENT END USERS
The
offered
content
is
licensed
by
the
U.S.
Government
with
RESTRICTED
RIGHTS.
The
use,
duplication
of,
or
the
disclosure
by
the
U.S.
Government,
shall
be
subject
to
restrictions
in
accordance
with
DFARS
252.227-7013
of
the
Technical
Data
and
Computer
Software
clause,
and 48 DCR 52.227-19 of the Commercial Computer Software clause, as applicable.
MISCELLANEOUS
This
EULA,
in
its
entirety,
shall
be
legally
binding
upon
and
inure
to
the
benefit
of
Two
Can
Tech
LLC
and
you,
our
respective
successors
and
permitted
assigns.
Should
any
of
this
provision
be
deemed
invalid
or
unenforceable,
such
determination
will
not
affect
the
validity
or
enforceability
of
any
other
provision
contained
herein.
If
there
is
any
waiver
of
any
breach
or
failure
to
enforce
any
of
the
provisions
contained
herein,
it
shall
not
be
deemed
as
a
future
waiver
of
said
terms
or
a
waiver
of
any
other
provision
of
this
EULA.
Any
waiver,
supplementation,
modification
or
amendment
to
any
provision
of
this
EULA,
shall
only
be
effective
when
done
so
in
writing
and
signed
off
by
Two
Can
Tech
LLC
and
you.
This
EULA
shall
be
governed
solely
by
the
laws
of
the
State
of
Ohio
and
of
the
United
States.
Should
any
action
arise
out
of
or
in
relation
to
this
EULA,
such
action
may
be
brought
exclusively
in
the
appropriate
federal
or
state
court
in
Akron,
Ohio,
and as such, you and
Two
Can
Tech
LLC irrevocably consent to the jurisdiction of said court and venue for Akron,
Ohio.
CONTACT INFORMATION
Two Can Tech LLC 2609 Edgebrook Xing
Twinsburg, Ohio 44087
(330) 552-8003
support@twocantech.com