If you have purchased a license to run WatchIT! please read the Software License Agreement and Limited Warranty below BEFORE installing the software.
If you wish to run the DEMO only please read parts 6 to 9 of the Software License Agreement and Limited Warranty BEFORE installing the software. By installing the demo you acknowledge that you have read terms 6 to 9 inclusive of the License and Limited Warranty, understand them, and agree to be bound by their terms and conditions.
Hi Resolution Software Ltd. Software License and Limited Warranty
THIS LEGAL DOCUMENT IS AN AGREEMENT BETWEEN YOU, THE END USER, AND HI RESOLUTION SOFTWARE LTD. (hereinafter “Hi Resolution”). BY RUNNING THE WATCHIT! INSTALLER PROGRAM AND ENTERING A VALID SERIAL NUMBER, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDE THE SOFTWARE LICENSE, LIMITED WARRANTY AND ACKNOWLEDGEMENT.
IF YOU DO NOT AGREE TO THE TERMS PRESENTED IN THIS AGREEMENT, DO NOT RUN THE INSTALLER. PROMPTLY RETURN THE DISK PACKAGE AND OTHER ITEMS (INCLUDING THE WRITTEN MATERIALS AND PACKAGING) TO THE PLACE WHERE YOU OBTAINED THEM FOR A FULL REFUND.
In order to protect our rights, Hi Resolution does not sell any rights to Software. Rather, Hi Resolution grants the right to use the Software by means of a SOFTWARE LICENSE (hereinafter “License”). Hi Resolution specifically retains the title to all Hi Resolution computer software.
1. Grant Of License: In consideration of payment of the License fee (part of the price you paid for this product), and your agreement to abide by the terms and conditions of this License and the Limited Warranty, Hi Resolution, as Licensor, grants to you, the Licensee, a nonexclusive right to use this copy of the Hi Resolution software program named “WatchIT!™” (hereinafter “Software”) on one computer (i.e. CPU) so long as you comply with the terms of this License.
2. Ownership of Software: As the Licensee, you own the physical media on which the Software is originally or subsequently recorded, but an express condition of this License is that Hi Resolution retains title and ownership of the Software recorded on the original disk(s) and all subsequent copies of the Software, regardless of the form or media in or on which the original and other copies may exist. This License is NOT a sale of the original Software or any copy. You agree that the Software and all materials supplied hereunder are proprietary to Hi Resolution.
3. Copying Restrictions: This Software and the accompanying written materials are the subject of copyright. Unauthorized copying of the Software, including Software which has been modified, or, of the written materials, is expressly forbidden. You may be held legally responsible for any copyright infringement which is encouraged or caused by your failure to abide by the terms of this License. Notwithstanding the restrictions above you may make one (1) copy of the Software solely for backup purposes.
4. Transfer: You may not transfer, sublicense or assign the License or the program except as expressly provided in this Agreement. Any attempt otherwise to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void.
5. Use Restrictions (i): As the Licensee, you may physically transfer the Software from one computer to another provided that the Software is used on only one computer at any one time. You may not sell, rent, lease, loan, transfer, distribute, copy electronically, transfer any copy or part of this Software program or accompanying written materials to others.
6. Use Restrictions (ii): You may not modify, adapt, translate, reverse engineer, disassemble, decompile, or create derivative works based on the Software. You may not modify, translate, adapt or create derivative works based on the written materials without the prior written consent of Hi Resolution.
7. Termination: This License is effective until terminated. This License will terminate automatically without notice if you fail to comply with any provision of this License. Upon termination you shall destroy the written materials and all copies of the Software. If this Agreement is terminated, all provisions regarding proprietary rights, disclaimers or warranties, and limit of liability shall survive.
8. Limited Warranty and Disclaimer of Warranty: HI RESOLUTION DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the generality of the foregoing, Hi Resolution does not warrant, guarantee or make any representations regarding the use, or results of the use, of the Software or written material in terms of correctness, reliability or accuracy. Hi Resolution will not be liable for any lost property or data, or for any claim or demand for the results and performance of the Software. Should the Software be defective you, and not Hi Resolution or its dealers, agents, distributors or employees, assume the entire cost of all necessary repair, servicing or correction.
The above is the only warranty of any kind, either express of implied, including but not limited to the implied warranties of merchantability and fitness for purpose, that Hi Resolution makes regarding this product. No oral or written information or advice given by Hi Resolution, its dealers, agents, distributors or employees shall create a warranty or in any way increase the scope of this warranty. This warranty and the limitation of liability and remedy allocate the risk of product failure between both parties which has been reflected in the price of the Software.
9. Damages: Neither Hi Resolution nor anyone else who has been involved in the creation, production or delivery of this product shall be liable for any direct, indirect, consequential or incidental damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use this product even if Hi Resolution has been advised of the possibility of such damages. This does not affect your statutory rights. In no event shall Hi Resolution's liability for any claim arising under this Agreement, or from any use of the Software, exceed the amount of the License fees paid to Hi Resolution under this Agreement.
10. Entire Agreement: This Agreement, which may also be presented on paper, constitutes the entire understanding between both parties and supercedes all proposals or other oral or written documents between the parties on this subject.
11. U.S. Government Provisions: Both Software and documentation are provided with RESTRICTED RIGHTS. Duplication, use or disclosure by the government is subject to restrictions as set forth in FAR 52.227-14 (June 1987), Alternate III((g)(3) (June 1987)), FAR 52.227-19 (June 1987), or DFARS 252.227-7013 (c)(1)(ii) (June 1988), as applicable. Contractor/manufacturer is Hi Resolution, Inc., 54 Oak Street, Foxboro, MA 02035.
12. Miscellaneous:
When purchased in the U.S. this Agreement is accepted by Hi Resolution at its offices in Foxboro, MA and shall be governed and construed in accordance with the laws of the state of Massachusetts, except as to copyright and trademark law which are covered by U.S. law. If any provisions of this Agreement shall be held by any court of competent jurisdiction to be contrary to law, that provision will be enforced only to the extent permissible and the remaining provisions of this Agreement will remain in full force and extent. The failure of Hi Resolution to enforce any provisions hereunder shall not be construed to be a waiver to enforce such rights thereafter.
When purchased in the UK and elsewhere this license shall be governed and construed in accordance with the laws of England. If any provisions of this Agreement shall be held by any court of competent jurisdiction to be contrary to law, that provision will be enforced only to the extent permissible and the remaining provisions of this Agreement will remain in full force and extent. The failure of Hi Resolution to enforce any provisions hereunder shall not be construed to be a waiver to enforce such rights thereafter.
13. Acknowledgment: You acknowledge that you have read this License and Limited Warranty, understand them, and agree to be bound by their terms and conditions. Assent by you which adds to or modifies provisions herein contained shall not act as an assent.
Hi Resolution Software Ltd, The Stables, Little Coldharbour Farm, Tong Lane, Lamberhurst, Kent TN3 8AD, England.
Hi Resolution, Inc., 54 Oak Street, Foxboro, MA 02035, USA.
