
POS Loader Software
License Agreement For End Users


Applanix Corporation (hereafter referred to as Applanix) thanks you for selecting POS Loader and POS Products for your system. This is an Applanix Corporation License Agreement which describes Applanix's License terms.

- PLEASE READ THIS NOTICE CAREFULLY -

You have purchased the right to use and/or have received POS Loader either as a separate software product or as part of an Applanix Position and Orientation System (POS) product package.

Opening the envelope containing the POS Loader installation diskettes or use of POS Loader on a computer constitutes acceptance of this License under applicable law, and upon opening the product envelope or use of POSProc Version 2.1 you will be subject to the terms of this License. If you do not accept the terms of this License, you must return the envelope containing the installation diskettes unopened and the diskettes inside unused to Applanix.

Grant of License:

Applanix Corporation ("Applanix") grants this limited License to the Licensee to possess, use, and make limited copies of the software Licensed hereunder (the "Licensed Product") only on the terms and conditions set out in this License document.  The Licensee evidences its acceptance of these terms and conditions by opening the Licensed Product package or by any use of the Licensed Product.

Term:

This License is effective from the date the Licensed Product is received by the Licensee and shall continue in effect until the Licensee ceases all use of the Licensed Product and returns or destroys all copies thereof.  This License shall be automatically terminated upon the failure of the Licensee to comply with all the terms of this License Agreement.

Licensee Agreement:

The Licensee agrees that the Licensed Product may, at any one time, be installed only on a single computer solely for the Licensee's internal business, commercial and personal purposes.  The Licensee shall make no more than one copy of the Licensed Product for archival use.  The back-up copy must contain all proprietary notices and must be externally labeled to show clearly that the Licensed software is the property of Applanix and that its use is subject to this License agreement.  The Licensee may not use the software on a computer network without a supplementary site License.  A "Computer Network" is any combination of two or more computers or computer terminals that are electronically linked and capable of sharing the use of a single software program.

Except as expressly Licensed herein, the Licensee may not use, copy, disseminate, modify, translate, reverse engineer, decompile, disassemble and/or create derivative works from the Licensed Product, sell, lease, subLicense, rent, give, lend or in any way transfer, by any means or in any medium, the Licensed Product.  The Licensee understands and agrees that the Licensed Product is the valuable property of Applanix and is protected by the laws of copyright, trade secrets and contract.  The Licensee will use its best efforts and take all reasonable steps to protect the Licensed Product from unauthorized use, copying or dissemination, and will maintain all proprietary and protective notices intact.

Limited Warranty:

Applanix warrants the Licensed Product to be free from defects in workmanship for a period of 90 days from receipt by the Licensee.  Workmanship is defined as the media, documentation and associated packaging.  The software program is warranted to perform substantially in accordance with the user's manual.  During this period, Applanix will replace any defective Licensed Product reported to Applanix by the Licensee at no cost to the Licensee provided that the defective Licensed Product is returned to its Richmond Hill office, shipping prepaid.  This remedy is your exclusive remedy for breach of this warranty.

Copyright:

All intellectual property rights in the software and user documentation are owned by Applanix and are protected by Canadian and U.S. copyright laws, other applicable copyright laws and international treaty provisions. Applanix retains all rights not expressly granted.

U.S. Government Restricted Rights Legend

For units of the Department of Defence:

Restricted Rights Legend Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at 252, 222-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.277-19 or clause 18-52.227-86(d) of the NASA Supplement to the FAR, as applicable.

For civilian agencies:

Restricted Rights Legend Use, reproduction or disclosure is subject to the restrictions set forth in subparagraph (a) through (d) of the Commercial Computer Software - Restricted Rights clause at 52.277-19 and the limitations set forth in Applanix's standard commercial agreement for this software.  Unpublished rights reserved under the copyright laws of the United States and Canada.

Applanix Corporation
85 Leek Crescent
Richmond Hill, Ontario, Canada  L4B 3B3

Disclaimer:

Applanix will in no event be liable for indirect, incidental, special or consequential damages, including but not limited to loss of revenue or profit, lost or damaged data, or other commercial or economic loss, under any circumstances whatever, or for claims by a third party.  The limited warranty described above constitutes Applanix's sole warranty, express or implied, and the Licensee waives all other warranties of merchantability or fitness for a particular purpose.  Because some  provinces of Canada or states of the United States allow different warranty exclusions, you may wish to check with your provincial, state or local laws to determine to what extent this disclaimer applies to you.

Modification:

This License may be modified only by a supplementary License issued by Applanix. In no case shall a modification be effected by oral or written representations or advertisements, or by any purchase order or correspondence.  In Canada this License agreement shall be governed by the copyright laws of Canada.  In the United States this License agreement shall be governed by the federal copyright laws of the United States.

Applicable Law:

This license is the entire agreement between Applanix and the Licensee with respect to the use of this software, and supersedes any other agreement or discussion, oral or written, and may not be changed except by a written signed agreement.  This agreement is governed and construed by the laws of the Province of Ontario, Canada.

If you have any questions regarding this license agreement, or if you desire to contact Applanix for any reason, please write to Applanix Customer Service at the above address.