ICONICS License Agreement
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS!

Opening and using the enclosed software for any purpose indicates your acceptance of the terms and conditions of this license agreement. If you do not agree with them you should return all software, documentation and copy protection keys within seven days of shipment unopened and your money will be refunded.

ICONICS provides this program and licenses its use in the United States, Puerto Rico, or internationally. You assume the responsibility for the selection of the program to achieve your intended results, and for the installation, use and results obtained from this program.

LICENSE

You are granted a personal license to use this program under the terms stated in this Agreement. You may: 1) Install and use the program on a single machine; and 2) make a single archival back-up copy of the program for the sole purpose of supporting your use of the single program on a single machine. You may not copy, translate, modify or adapt the program, or any portion thereof, or incorporate it, in whole or any part, in any other product, create derivative works based on the program, or any portion thereof, or license others to reproduce any copies of the program, or any portion thereof, and you may not decompile, disassemble or reverse engineer the program, or any component thereof except as permitted by law, and then only after having prior requested in writing from ICONICS any interoperability information you are attempting to obtain.

TERM

The license is effective until terminated. It will terminate if you fail to comply with any term or condition of this Agreement. You agree, upon such termination, to destroy the program and all copies that were made from it and to promptly return any copy protection key(s) to ICONICS.

LIMITED WARRANTY

ICONICS WARRANTS THE CD-ROM, DVD OR PHYSICAL DISKETTES, ON WHICH THE PROGRAM IS FURNISHED, AND PHYSICAL DOCUMENTATION TO BE FREE OF DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF DELIVERY TO YOU AS EVIDENCED BY YOUR RECEIPT. THIS PROGRAM IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

ICONICS SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, WITH RESPECT TO ANY PARTICULAR APPLICATION, USE OR PURPOSE, IN NO EVENT SHALL ICONICS INC. BE LIABLE FOR ANY OTHER COMMERCIAL DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ICONICS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.

LIMITATION OF REMEDIES

ICONICS’ entire liability and your exclusive remedy shall be the replacement of any CD-ROM, DVD or diskette not meeting ICONICS’ “Limited Warranty” which is returned to ICONICS with a copy of your receipt within the warranty period. The remedy for breach of this warranty shall be limited to replacement and shall not encompass any other damages including but not limited to loss of profit, special, incidental, consequential, or other similar claims arising out of the use or inability to use such program even if ICONICS has been advised of the possibility of such damages, or for any claim by any other third party.

GENERAL

This Agreement will be governed by the laws of the Commonwealth of Massachusetts. Should you have any questions concerning this Agreement, you may contact ICONICS in writing at:

ICONICS, Inc.

100 Foxborough Boulevard

Foxborough, MA 02035

You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the Agreement between you and ICONICS which supersedes any proposal or prior Agreement, oral or written, and any other communications between you and ICONICS relating to the subject matter of the Agreement.

ICONICS RETURN POLICY

All sales are final (NO RETURNS) unless one of the following conditions is applicable: Program is returned in its original packaging material within 7 days after shipment. In such a case, a full refund is provided, less all incurred shipping and handling costs. Program is returned within 30 days from the original shipment date. In such a case a 20% restocking fee is applicable. No returns are allowed on OPC ToolWorX or ActiveX ToolWorX. All returns must have an appropriate RMA number.

EXPORT COMPLIANCE

You agree to comply with the United States of America’s current Export Administration Regulations (EAR) and agree that you will not distribute or supply this product in violation of the EAR. You are responsible for securing any export approval or license as may be needed under the EAR. Additionally, you are responsible for obtaining local customs clearance as applicable and paying all duties, taxes and other charges.



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