LICENSE

Usage of CabSignalMaster(tm) software and firmware embedded in the hardware is subject to the terms of the license agreement contained below and repeated in the accompanying CSM_License.txt file. Installation of this software constitutes acceptance of this license agreement.

LICENSE AGREEMENT

Ultra-Tech Enterprises, Incorporated (hereinafter referred to as "Ultra-Tech ") hereby grants you a non-exclusive license to use CSM_HOST and CSM_TEST for Windows software and/or data (collectively hereinafter referred to as "CabSignalMaster software") subject to the following terms and conditions.  By virtue of installing CabSignalMaster software onto any computer, or by permitting more than 30 days to pass from the date upon which Ultra-Tech received your order without returning the uninstalled CabSignalMaster software media and materials to Ultra-Tech via Certified U.S. Mail, you hereby express your consent to the terms of this License.

This license is effective until terminated.  It may be terminated by you by destroying CabSignalMaster software and the backup copy.  It will terminate automatically if you fail to comply with any of the terms of this License Agreement, and on any such termination you will destroy CabSignalMaster software and the backup copy.  It may be terminated by Ultra-Tech for any reason at any time with or without cause.  Ultra-Tech retains all rights not expressly granted herein.   Nothing in this License Agreement constitutes a waiver of Ultra-Tech 's rights under the U.S. Copyright laws or any other federal or state law.

You acknowledge that you are an employee of the Licensee Corporation or a contractor under contract to the Licensee Corporation using CabSignalMaster software solely in connection with your activities related to the business of the Licensee Corporation.  You may not install CabSignalMaster software on any computer network or post the whole or any part on any Internet site.  You may use CabSignalMaster software only on the property, facilities, equipment and installations of the Licensee Corporation.  You may not copy, distribute, publish, give, loan, rent, exchange, trade, barter, swap, share or in any other way release CabSignalMaster software from your personal possession other than to other employees of the Licensee Corporation and/or contractors under contract to the Licensee Corporation under any circumstances without Ultra-Tech's express written consent.

LIMITED WARRANTY
Ultra-Tech warrants the media upon which CabSignalMaster software is distributed and the documentation are free from defects in materials and workmanship and that the software will perform substantially in conformity with published specifications provided that it is used on the computer hardware and with the operating system and environment for which it was designed.  Ultra-Tech will replace defective CabSignalMaster software media, or make provisions for you to obtain the necessary corrections to the media via the Ultra-Tech web site or bulletin board, within 30 days at no charge.  Ultra-Tech makes no warranty or representation, either express or implied, with respect to CabSignalMaster software or CabSignalMaster documentation, including CabSignalMaster software quality, performance, accuracy, completeness, merchantability, or fitness for a particular purpose.  If Ultra-Tech is unable to replace defective media or correct substantial software errors, Ultra-Tech will refund the license fee you paid for this product provided claims for such are received within 30 days from the date the Ultra-Tech received your initial order for CabSignalMaster software.  This is your sole remedy for any breach of warranty.

YOU EXPRESSLY AGREE THAT THE FOLLOWING LIMITATION ON REMEDIES IS AN ESSENTIAL PART OF THE CONSIDERATION BARGAINED FOR UNDER THIS AGREEMENT: THEREFORE, ULTRA-TECH 'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY AS TO THE MATERIALS SHALL BE, AT ULTRA-TECH 'S OPTION EITHER (A) RETURN OF THE LICENSE FEE OR (B) REPLACEMENT OF THE MATERIALS THAT DO NOT MEET THE ULTRA-TECH 'S WARRANTY.  IF FAILURE OF THE MATERIALS HAS RESULTED FROM ACCIDENT, ABUSE OR MISAPPLICATION, ULTRA-TECH SHALL NOT HAVE ANY RESPONSIBILITY TO REPLACE THE MATERIALS OR REFUND THE PURCHASE PRICE.

THE ABOVE ARE THE ONLY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT ARE MADE BY ULTRA-TECH ON THE MATERIALS.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ULTRA-TECH OR ANY OF THEIR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

NEITHER ULTRA-TECH 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 OR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR THE INABILITY TO USE SUCH PRODUCT EVEN IF ULTRA-TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Because software and data gathering is inherently complex, CabSignalMaster software is not completely free of errors and you are advised to verify your work with third parties.  In no case shall Ultra-Tech liability exceed the amount of the license fee paid by you.  The warranty and remedies set forth above are exclusive and in lieu of all others, oral or written, express or implied.  No Ultra-Tech representative, employee, agent or director is authorized to make any modification or addition to this warranty.

Some states do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above limitation may not apply to you.

U.S. GOVERNMENT RESTRICTED RIGHTS
The enclosed software and documentation are provided with RESTRICTED AND LIMITED RIGHTS.  Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR Section 52.227-14 (June 1987) Alternate III(g)(3) (June 1987), FAR Section 52.227-19 (June 1987), or DFARS Section 52.227-7013(c)(1)(ii) (June 1988), as applicable.  Contractor/Manufacturer is Ultra-Tech Enterprises, Inc., 4701 Taylor Road, Punta Gorda, FL 33950-4720.

GENERAL
The export of this product is restricted by U.S. export regulations.

This License Agreement is governed by, and shall be interpreted subject to, the laws of the State of Florida.  Venue for any legal action in any way involving CabSignalMaster or this License Agreement shall be in Charlotte County, Florida.

Should you have any questions concerning this license, write to Ultra-Tech Enterprises, Inc., Legal Affairs, 4701 Taylor Road, Punta Gorda, FL 33950-4720.

CabSignalMaster and Ultra-Tech are registered trademarks of the Ultra-Tech Enterprises, Inc..

Copyright © 2007 Ultra-Tech Enterprises, Inc. All rights reserved.
