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Impulse License Agreement

END-USER LICENSE AGREEMENT IMPORTANT-READ CAREFULLY

 

THIS END-USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND MAGNETEK INC.  READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS.  BY SELECTING THE DOWNLOAD OR INSTALL NOW BUTTON AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE SOFTWARE.

 

Definitions

  1. “Magnetek” means Magnetek Inc., a division of Columbus McKinnon Corporation
  2. “Software” or “Software Product” mean the Magnetek software program(s) supplied by Magnetek herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation, and all updates or upgrades of the above that are provided to you.

 

Software Product License

The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold.

 

Grant of License

Magnetek grants to you a nonexclusive license to use this Software and related material delivered with this Software Product.  You agree that you will not transfer or sub-license these rights. 

 

Copyright

All title and copyrights in and to the Software Product (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets,” incorporated into the Software Product), the accompanying printed materials, and any copies of the Software Product, are owned by Magnetek.  The Software Product is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software Product like any other copyrighted material except that you may make one copy of the Software Product solely for backup or archival purposes.

 

Registration

Registering will entitle you to access to the latest version of the full Software Product and priority technical support updates for one full year from the date of purchase. This license is not transferable to another organization or individual. Any reproduction or redistribution of the Software Product not in accordance with this EULA is prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent allowable by law.

 

Technical Support

Our technical support team withholds the right to refuse support to anyone who does not comply with requests or procedures. This includes failure to submit correct information, fraudulent registration or behavior, and any other lack of cooperation.  All technical support for the Software will be provided by calling our toll free phone number 1-866-624-7378.   

 

Old Version Policy

Old versions are not supported or redistributed for any reason. We do not serve as a repository for our customers, and ask you to make a backup copy of all Software downloaded from our servers.

 

Other Restrictions

This EULA is your proof of license to exercise the rights granted herein and must be retained by you. You may not reverse engineer, de-compile, disassemble, redistribute, resell, rent, or lease any part of the Software Product, without written permission from Magnetek.

 

Warranty Disclaimer

  1. MAGNETEK DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. MAGNETEK DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BR CONFERRED ON YOU UNLESS EXPRESSELLY GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS.  MAGNETEK SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.

 

  1. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.

 

  1. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MAGNETEK, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

 

  1. MAGNETEK SHALL HAVE NO RESPONSIBILITY IF THE SOFTWARE HAS BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF USE OF THE SOFTWARE WITH OTHER THAN A RECOMMENDED HARDWARE CONFIGURATION, PLATFORM OR OPERATING SYSTEM.

 

Limitation of Liability

  1. MAGNETEK SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF MAGNETEK OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

  1. MAGNETEK'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $10 OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.

 

  1. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS EULA.

 

Miscellaneous

  1. This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.

 

  1. Magnetek shall have the right to change or add to the terms of this EULA at any time and upon notice by any means Magnetek determines in its discretion to be reasonable, including posting information concerning any such change on its web site. Any use of the Software by you after Magnetek's publication of any such changes shall constitute your acceptance of this EULA as modified.

 

  1. This EULA shall be governed by and construed in accordance with the laws of the State of New York.

 

  1. The failure or delay of Magnetek to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.

 

  1. All questions concerning this EULA shall be directed to: Columbus McKinnon Corporation, 205 Crosspoint Parkway, Getzville, New York, 14068, Attention: Legal Department.