© Wavetek Limited 1998 IMPORTANT - THE COPYRIGHT IN THIS SOFTWARE AND ITS ASSOCIATED DOCUMENTATION IS OWNED BY WAVETEK LIMITED ("WAVETEK"). READ THIS NOTICE CAREFULLY BEFORE CONTINUING THE INSTALLATION OF THIS SOFTWARE. BY INSTALLING THIS SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND WAVETEK. IF YOU DO NOT ACCEPT THE TERMS OF THE AGREEMENT, USE THE EXIT BUTTON TO TERMINATE THE INSTALLATION, PROMPTLY RETURN THE SOFTWARE MEDIA AND ALL ASSOCIATED ITEMS (INCLUDING ALL WRITTEN MATERIALS AND THEIR CONTAINERS TO YOUR SUPPLIER TOGETHER WITH PROOF OF PURCHASE FOR A FULL REFUND. SOFTWARE LICENSE 1. GRANT OF LICENSE. This License Agreement permits you to use one copy of this software program (the "SOFTWARE"), on a single computer. If you have a multi-user license for the SOFTWARE then at any time you may have as many copies of the SOFTWARE in use as are permitted by the multi-user License. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e., RAM) or installed in permanent memory (e.g., hard disk, CDROM, or other storage device). If the anticipated number of users of the software could exceed the number of users permitted by applicable licenses, then you must have a reasonable, demonstrable, mechanism or process in place to ensure that the number of persons or systems using the SOFTWARE does not exceed the number permitted by the applicable licenses. All rights not expressly granted to you in this Agreement are reserved to WAVETEK. 2. COPYRIGHT. The SOFTWARE is owned by WAVETEK and is protected under United Kingdom copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE and associated documentation like any other copyright material except that you may either (a) make one copy of the software solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk, provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE. 3. OTHER RESTRICTIONS. You may not reverse engineer, decompile, or disassemble the SOFTWARE. To the extent that local law gives you the right to decompile the Software in order to obtain information necessary to render the Software interoperable with other computer programs, Wavetek hereby undertakes to make that information readily available to you. Wavetek shall have the right to impose reasonable conditions such as a reasonable fee for doing so. In order to ensure that you receive the appropriate information, you must first give Wavetek sufficient details of your objectives and the other software concerned. Requests for the appropriate information should be made to Wavetek Ltd, 52 Hurricane Way, Norwich, Norfolk, England NR6 6JB. 4. LICENSE GRANT FOR DERIVATIVE WORKS. Where the SOFTWARE can be used with and/or to create derived components such as procedures and script files ("Derived Works") then those Derived Works distributed by Wavetek whether with the SOFTWARE or otherwise are the property of WAVETEK ("Wavetek Derived Works"). They must be treated as SOFTWARE for the purpose of this Agreement. You may use the SOFTWARE to create your own Derived Works which may be distributed by you royalty free. You may also use the SOFTWARE to create Derived Works based on the Wavetek Derived Works ("New Derived Works") provided that the New Derived Works are significantly different to the Wavetek Derived Works and that no reference to WAVETEK or any WAVETEK employee is contained in the New Derived Works. 5. DUAL MEDIA SOFTWARE. If the Software package contains more than one distribution media e.g., 5.25 and 3.5 floppy disks or floppy and CDROM, then you may only use one media which ever is appropriate to you computer. You may not use the other media on another computer, or loan, lease, or transfer them to another user except as part of the permanent transfer of all software and written materials. LIMITED WARRANTY LIMITED WARRANTY. WAVETEK warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of original purchase, ("the Warranty Period") and (b) the medium on which the SOFTWARE is recorded will be free from defects in material and workmanship under normal use and service for a period of ninety (90) days from the date of original purchase. This Warranty will not apply if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. As some jurisdictions do not allow limitations on duration of an implied warranty, the above limitations may not apply to you. CUSTOMER REMEDIES. If WAVETEK is notified of significant errors during the Warranty Period it will correct any such demonstrable errors in the Software or its documentation within a reasonable time or (at its option) provide or authorise a refund (against return of the Software and its documentation). Any replacement SOFTWARE will be covered by the Limited Warranty set out above for the remainder of the original Warranty Period or thirty (30) days whichever is longer. NO OTHER WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SOFTWARE AND THE DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND NO OTHER WARRANTIES, TERMS OR CONDITIONS, EITHER EXPRESSED OR IMPLIED, ARE MADE WITH RESPECT TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTIES THAT MAY ARISE FROM USAGE OR COURSE OF DEALING. WAVETEK DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR THE DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE AND DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. THE ENTIRE LIABILITY OF WAVETEK AND ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES IS SET FORTH ABOVE. YOU SHALL LOAD AND USE THE SOFTWARE AT YOUR OWN RISK AND IN NO EVENT WILL WAVETEK BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND (EXCEPT PERSONAL INJURY OR DEATH RESULTING FROM WAVETEK'S NEGLIGENCE) INCLUDING ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, LOST BUSINESS INFORMATION, OR ANY OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THE DOCUMENTATION EVEN IF WAVETEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. GENERAL WARNING 1: WAVETEK SOFTWARE PRODUCTS ARE NOT DESIGNED WITH COMPONENTS AND TESTING FOR A LEVEL OF RELIABILITY SUITABLE FOR THE USE IN THE DIAGNOSIS AND TREATMENT OF HUMANS OR AS CRITICAL COMPONENTS IN ANY LIFE SUPPORT SYSTEMS WHOSE FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO CAUSE SIGNIFICANT INJURY TO A HUMAN. WARNING 2: WAVETEK SOFTWARE PRODUCTS MAY BE USED TO CONTROL OTHER EQUIPMENT WHICH IS CAPABLE OF CAUSING DAMAGE TO HUMANS AND EQUIPMENT. IT IS THE RESPONSIBILITY OF THE USER TO ENSURE THE SAFETY OF PERSONNEL AND EQUIPMENT, AND WAVETEK DOES NOT ACCEPT ANY LIABILITY FOR ANY DAMAGE TO PERSONNEL OR EQUIPMENT CAUSED BY A DESIGN FAULT IN THE SOFTWARE OR ANY INTERNAL OR EXTERNAL PROCEDURE OR PROCESS BEING RUN UNDER THE CONTROL OF THE SOFTWARE. THIS AGREEMENT IS GOVERNED BY ENGLISH LAW AND IS SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE ENGLISH COURTS AND CONSTITUTES THE COMPLETE AGREEMENT BETWEEN YOU AND WAVETEK. Unless otherwise agreed in writing and signed by an authorised representative of Wavetek, THIS AGREEMENT SUPERSEDES ANY ORAL OR WRITTEN PROPOSALS, PRIOR AGREEMENTS, PURCHASE ORDERS OR ANY OTHER COMMUNICATION BETWEEN YOU AND WAVETEK RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. If any provision of this Agreement is held invalid, the offending clause will be modified so as to be enforceable, as modified, shall be fully enforced, and the remainder of this Agreement will continue in full force and effect.