TOP, The Output Processor^®

Software for Visualization of Monitoring Data and Simulation Results

License for TOP, The Output Processor

Electrotek provides this Program and licenses it for use. You, the licensee, assume responsibility for the selection of the Program to achieve your intended results, and for the installation, use, and results obtained from the Program.

This is a single-user license. The license may be assigned to an individual person or to an individual computer. If assigned to an individual computer, the Program must be used only on that computer. If assigned to an individual person, only that person may use the Program, but he or she may use it on any computer that will run the Program.

UNDER THIS LICENSE YOU MAY:

• Use the Program on a single computer at any given time.
• Copy the Program for backup purposes.

YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE PROGRAM OR ANY COPY, MODIFICATION OR PORTION, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS LICENSE. IF YOU TRANSFER POSSESSION OF ANY COPY, MODIFICATION OR MERGED PORTION OF THE PROGRAM TO ANOTHER PARTY, YOU MUST DESTROY ALL COPIES REMAINING IN YOUR POSSESSION.

LIMITED WARRANTY: Electrotek warrants that the Program will perform substantially as described in the accompanying program documentation and/or on-line help on the computers and operating systems specified in the program documentation. The Program is provided without any other warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose. The entire risk as to the quality and performance of the Program is yours. Electrotek 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. Electrotek warrants the media on which the Program is furnished to be free of defects in materials and workmanship under normal use for a period of thirty days from the date of delivery.

If you believe that the Program does not meet the conditions of the above Limited Warranty, you must notify Electrotek within thirty days of the date of delivery.

LIMITATION OF REMEDIES: Electrotek's entire liability and your only remedy is:

1. The replacement of any media not meeting Electrotek's "Limited Warranty" which is returned to Electrotek with evidence of date of purchase.

2. If notified within the warranty period of significant errors in the Program that fail to meet the conditions of the above Limited Warranty, Electrotek will at its option (a) correct such errors within ninety days or (b) authorize a refund of your license fee upon return of all Program materials to Electrotek.

IN NO EVENT WILL Electrotek BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH PROGRAM EVEN IF Electrotek OR AN AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

By accepting this License Agreement, 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 us which supersedes any proposal or prior agreement, oral or written, and any other prior communications between us relating to the subject matter of this Agreement.