END USER LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY BEFORE DOWNLOADING OR COPYING TO YOUR
COMPUTER ANY FILE(S) CONTAINED HEREWITH

THE ELECTRONIC DOCUMENT(S) AND OTHER INFORMATION PROVIDED HEREWITH ARE COPYRIGHTED.  BEFORE DOWNLOADING ANY FILE PROVIDED HEREWITH TO YOUR COMPUTER, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS END USER LICENSE AGREEMENT (“THE AGREEMENT”) AS THEY GOVERN YOUR ACCESS TO AND USE OF THE MATERIAL. BY DOWNLOADING THIS FILE, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, PRIOR TO DOWNLOADING OR COPYING ANY FILES TO YOUR COMPUTER, YOU MUST DECLINE ACCESS TO SUCH MATERIALS.

1.      GRANT OF LICENSE: Subject to the provisions contained herein and to the payment of all applicable fees, Laser Institute of America (LIA) grants you a non-exclusive, non-transferable license to the materials contained herewith (the “Electronic Document”). Your licensed rights to the Electronic Document are limited to the following:

         (a)  This License Agreement does not convey to you an interest in or to the ELECTRONIC DOCUMENT, but only a limited right of use that is non-exclusive, non-transferable and revocable in accordance with the terms of this License Agreement.  This Agreement allows you to use the ELECTRONIC DOCUMENT for your personal use and /or in the regular course of your industry research and related work.

         (b) You may install one copy of the ELECTRONIC DOCUMENT on, and permit access to it by, a single computer owned, leased or otherwise controlled by you. In the event that computer becomes dysfunctional, such that you are unable to access the ELECTRONIC DOCUMENT, you may transfer the ELECTRONIC DOCUMENT to another computer, provided that the ELECTRONIC DOCUMENT is removed from the computer from which it is transferred and the use of the ELECTRONIC DOCUMENT on the replacement computer otherwise complies with the terms of this Agreement. Neither concurrent use on two or more computers nor use in a local area network or other network is permitted. You shall not merge, adapt, translate, modify, rent, lease, sell, resell, sublicense, transmit, retransmit, distribute, disseminate, broadcast, circulate, assign or otherwise transfer any of the ELECTRONIC DOCUMENT, or remove any proprietary notice or label appearing on any of the ELECTRONIC DOCUMENT.  You may copy the ELECTRONIC DOCUMENT only for backup purposes.

         (c) You acknowledge and agree that the ELECTRONIC DOCUMENT is proprietary to the Copyright holder (“LIA”) identified on the front page of the ELECTRONIC DOCUMENT, and is protected under U.S. Copyright Act (17U.S.C.A. § 107) and international copyright treaties. You further acknowledge and agree that all right, title and interest in and to the ELECTRONIC DOCUMENT, including all intellectual property rights, are and shall remain with the LIA.

         (d) You shall provide LIA or any assignee of LIA with all information necessary to assure compliance with the terms of this Agreement. You agree to protect the ELECTRONIC DOCUMENT from unauthorized use, reproduction, or distribution.  You further agree not to translate, decompile, or disassemble the ELECTRONIC DOCUMENT. 

         (e)  In the event you are not in compliance with the terms of this Agreement through the actions of unrelated third parties, you shall use your best efforts to cooperate with LIA and any of its assignees to assure compliance.

2.      LIMITED WARRANTY:

         (a) LIA warrants for your benefit alone that, unless disclosed in the ELECTRONIC DOCUMENT to the contrary, LIA can license the ELECTRONIC DOCUMENT and all copyright and trademarks related thereto or therein.

         (b) THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 2 CONSTITUTE THE ONLY WARRANTIES WITH RESPECT TO THE ELECTRONIC DOCUMENT. THE ELECTRONIC DOCUMENT IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF PERFORMANCE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS.  LIA DOES NOT WARRANT THAT THE ELECTRONIC DOCUMENT WILL BE UNINTERRUPTED OR ERROR FREE.  LIA EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO OFFICER, DIRECTOR, EMPLOYEE, MEMBER, AGENT, REPRESENTATIVE OR PUBLISHER OF THE ELECTRONIC DOCUMENT IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS LIMITED WARRANTY. 

3.      INDEMNIFICATION:

The LIA, any agent, representative, publisher or distributor of the ELECTRONIC DOCUMENT, or any of their respective directors, officers, employees, agents, representatives or members (the “LIA Indemnified Parties”) shall have no liability for, and you shall defend, indemnify and hold each of the LIA Indemnified Parties harmless from and against, any claim, loss, demand, liability, obligation and expenses (including reasonable attorneys’ fees) based upon or arising out of any injury or damage, or any ELECTRONIC DOCUMENT liability claim, including but not limited to, any personal or bodily injury or property damage, arising out of, pertaining to, or resulting in any way from, the use or possession of any of the ELECTRONIC DOCUMENT by you and/or any of your directors, officers, employees, representatives, agents or contractors.

4.      LIMITATION OF LIABILITY:

      a)   You acknowledge that each of LIA’s obligations and liabilities with respect to the ELECTRONIC DOCUMENT are exhaustively defined in this Agreement. You are responsible for the consequences of any use of any of the ELECTRONIC DOCUMENT (whether or not such use was consistent with the license granted hereunder) created therefrom. Whether or not LIA has been advised of their possibility, neither LIA nor any of its representatives or agents, directors, officers, employees, agents, representatives or members, shall be liable, whether under contract, tort (including negligence) or otherwise, for any indirect, special, punitive, incidental or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused, that may be suffered by you or any of your directors, officers, employees, agents, representatives or contractors or any third party.

      b)   If at any time an allegation of infringement of any rights of any third party is made, or in LIA’s opinion is likely to be made, with respect to any of the ELECTRONIC DOCUMENT, LIA may, at its option and at its own expense (i) obtain for you the right to continue using the ELECTRONIC DOCUMENT, (ii) modify or replace the ELECTRONIC DOCUMENT or any portion thereof so as to avoid any such claim of infringements, or (iii) refund to you the License Fee. LIA shall have no liability to you if any claim of infringement would have been avoided except for your refusal to use any modified or replacement ELECTRONIC DOCUMENT supplied or offered to be supplied pursuant to this Section 4(b) or to otherwise cease using the ELECTRONIC DOCUMENT. Notwithstanding anything contained in this Agreement, and except as set forth in Section 4(b) hereof, LIA’s liability to you for damages pursuant to this Section 4(b), if any, shall not exceed the amounts of the License Fee paid by you for the ELECTRONIC DOCUMENT subject to any such claim.

         c)   Section 4(b) states the entire liability of LIA with respect to the infringement or alleged infringement of any third party rights of any kind whatsoever by any of the ELECTRONIC DOCUMENT.

5.      TERMINATION: This Agreement may be terminated immediately by LIA upon breach of any provision of this Agreement by you. Upon any termination of this Agreement, you shall immediately discontinue the use of the ELECTRONIC DOCUMENT and shall within ten (10) days certify in writing to LIA that the ELECTRONIC DOCUMENT has been deleted from your computer or server or any other computer storage device and eliminated from your premises.

6.      GOVERNING LAW; ATTORNEY’S FEES: This Agreement shall be governed by the laws of the State of Florida without reference to its conflict of laws provisions and you further consent to jurisdiction by the state and federal courts sitting in the State of Florida. You waive any objection to these courts including inconvenient forum.

7.      MISCELLANEOUS: This Agreement constitutes the complete and exclusive agreement between LIA and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in writing duly signed by an authorized representative of LIA and you. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability (i) of such provision under other circumstances, or (ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting the Agreement.

8.      EXPORT: You may not load or export or re-export any of the ELECTRONIC DOCUMENT or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations.

 

BY ACCESSING THE ELECTRONIC DOCUMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.