Software License Agreement

This legal document is an agreement (“Agreement”) between you, the end user, and SynchroSystems, Inc. (“SynchroSystems”). Please read it carefully before downloading any files. By downloading files, you agree to the terms set forth below. If these terms are not acceptable, do not download any files.

Grant of License:

SynchroSystems grants to you, at no cost, a non-exclusive, non-transferable, and subject to termination by SynchroSystems without notice at any time, license to use and modify the firmware, software and fonts, (collectively referred to as the "Firmware"), either to support SynchroSystems’ products or for academic and non-commercial purposes, according to the following terms.
You have the right to use the Firmware to support your use of a SynchroSystems product, provided that all users specifically agree to all the terms of this Agreement. The Firmware is considered “in use” when it is either loaded into the temporary memory or installed into the permanent memory of any computer server or workstation.
You are expressly prohibited from sublicensing, assigning, leasing, renting, loaning, time-sharing, copying, or otherwise distributing the Firmware or documentation to anyone, except as specifically provided in this Agreement. Any attempt to do any of the foregoing shall automatically terminate your license. Should you incorporate the Firmware into your own product, you expressly agree to conspicuously state all Firmware copyright notices and disclaimers. This license and your right to use and or modify the Firmware automatically terminate if you fail to comply with any provision of this Agreement. Upon termination you must destroy all documentation, files, and working copies of the Firmware.

No Warranty:

SynchroSystems makes no warranty as to the operational performance of the Firmware EXCEPT AS SPECIFICALLY PROVIDED ABOVE, THE FIRMWARE IS FURNISHED “AS IS”. SYNCHROSYSTEMS MAKES NO OTHER WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE FIRMWARE, DISKS OR DOCUMENTATION, INCLUDING THEIR QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SYNCHROSYSTEMS DOES NOT WARRANT THAT THE FIRMWARE'S FUNCTIONS WILL MEET YOUR REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR FREE.
IN NO EVENT WILL SYNCHROSYSTEMS OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS FIRMWARE BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OR INABILITY TO USE THE FIRMWARE OR DOCUMENTATION, EVEN IF SYNCHROSYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SynchroSystems is not responsible for any costs including, but not limited to, those incurred as a result of lost profits or revenue, loss of time, data, or use of the Firmware, the costs of recovering such software or data, the cost of substitute software, claims by third parties, or other similar costs. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED.
The warranties provided give you specific legal rights. You may have other rights which vary from state to state. Some states do not allow the exclusion or limitation of implied warranties or of incidental or consequential damages, so some of the above may not apply to you.

General:

This Agreement is the entire agreement between you and SynchroSystems relative to the Firmware and supersedes all prior written statements, proposals or agreements relative to its subject matter. This Agreement is governed by the laws of Massachusetts, USA, without regard to its choice of law provisions, and without regard to the United Nations Convention on Contracts for the International Sale of Goods, which is specifically excluded. Any proceeding arising from or relating to this Agreement shall be brought in a court located within Massachusetts. SynchroSystems and its suppliers own all title to the Firmware and documentation, and all rights not expressly granted are retained, and no rights under federal copyright or other applicable laws are waived. No title to the intellectual property contained in the Firmware is transferred, and no source code to any software is sublicensed.

Export Restrictions:

Because the U. S. Government controls export of technical materials, including the restrictions contained in the U. S. Export Administration Act, you agree that neither the Firmware nor any direct product thereof is being or will be shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the U. S. Export Administration Act and the regulations thereunder, or will be used for any purpose prohibited by the Act.

U.S. Government Restricted Rights:

The enclosed Firmware and documentation are provided with RESTRICTED AND LIMITED RIGHTS. Use, duplication or disclosure by the U.S Department of Defense or any civilian agency is subject to restrictions as set forth in 48 CFR 12.212, 48 CFR 52.227-19(c)(1) and (2), 48 CFR 52.227-14, Alternate III, as applicable, or in 48 CFR 252.227-7013, 7015 and 48 CFR 227.7202 of DFARS, as applicable, and their respective successor regulations. Contractor/Manufacturer is SynchroSystems, Inc., 16A Jay Street Cambridge, Massachusetts 02139.
If you have any questions, or would like information regarding SynchroSystems commercial licensing terms, write or call SynchroSystems.