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Created on: December 01, 2009
Last modified: December 01, 2009

PC-DMIS software is protected by United States and International copyrights. PC-DMIS software is developed by Wilcox Associates, Inc., a Hexagon Metrology company, and is sold worldwide by Hexagon Metrology, its subsidiaries and authorized distributors.

PC-DMIS software is licensed, not sold. Use of PC-DMIS requires you to accept the terms of the end-user license agreement (EULA). This agreement outlines the publisher's rights under copyright, and the user's acceptance requirements in order to use the software. Full text of the EULA is at the bottom of this page.

Is Your Copy of PC-DMIS Legal?

There are various reasons why you might have a non-legal copy of PC-DMIS, especially if you are not the original owner of the equipment. They are outlined below:

Used Equipment

The PC-DMIS license agreement only allows for "pass-along" transfers of the license to a party other than the original purchaser under limited, specific circumstances, which are outlined in the license agreement. Generally, PC-DMIS licenses obtained with equipment purchased at auction, through a used equipment broker/dealer or another third party are not valid under the End User License Agreement. The License requires any copies of PC-DMIS obtained in this way to be specifically accepted by the current owner and have all Software Maintenence Agreement (SMA) fees paid and current for the license to be valid.

Purchasers of used equipment should use great caution when purchasing the machine to ensure that the PC-DMIS license is transferable and valid before the purchase. In addition, purchasers should be careful that the transferred license dongle (described below) actually belongs to that machine. Often a purchaser discovers that a broker or auctioneer sold a machine with a PC-DMIS dongle that is not configured for the machine sold, and as a result PC-DMIS cannot be used.

If you have a copy of PC-DMIS that you obtained with a used machine, you can check the validity of your license, or request a license transfer, (with a valid SMA or the purchase of an SMA) by calling Customer Relations +1 800-274-9433 or use the online form.

Benefits of an SMA:

Access to technical support by phone and email
Access to version upgrades during the SMA period
Knowledge that your PC-DMIS license has been legally transferred and is valid.

Other Situations

PC-DMIS requires use of a hardware key to operate, sometimes called a "dongle" or "hasp". This key attaches to a USB or serial port. If your copy of PC-DMIS does not require the use of a key, the software is probably not legal.

If you purchased your copy of PC-DMIS from someone other than Hexagon Metrology or one of our authorized distributors, the software is probably not legal.

If you are using a "cloned" hardware key purchased from a third party, your software is not legal.

To purchase a legal copy of PC-DMIS, please call +1 800-274-9433 or use the online form.

The following is the full text of the PC-DMIS end-user license agreement that all users who install or use PC-DMIS software are required to accept.

PC-DMIS END-USER SOFTWARE LICENSE AGREEMENT

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING AND/OR USING THIS WILCOX ASSOCIATES, INC. SOFTWARE PRODUCT. THE SOFTWARE LICENSE IS A LEGAL AGREEMENT, WITH IMPORTANT LEGAL CONSEQUENCES, BETWEEN YOU, THE LICENSEE (EITHER AN INDIVIDUAL OR A SINGLE ENTITY), AND THE LICENSOR, WILCOX ASSOCIATES, INC., REGARDING THE ACCOMPANYING SOFTWARE. THIS AGREEMENT IS PRESENTED FOR REVIEW AND APPROVAL AS A MANDATORY STEP IN THE INSTALLATION OF THE SOFTWARE. INSTALLING THE SOFTWARE ON YOUR COMPUTER SIGNIFIES YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THEM, OR DO NOT UNDERSTAND THEM, YOU SHOULD RETURN THIS PRODUCT BEFORE IT IS INSTALLED TO WILCOX ASSOCIATES, INC. THIS LICENSE AGREEMENT IS THE ENTIRE AND EXCLUSIVE AGREEMENT BETWEEN THE USER AND LICENSOR RELATED TO USE OF THE SOFTWARE. THIS AGREEMENT SUPERCEDES AN ORAL UNDERSTANDING BETWEEN THE PARTIES AND CAN ONLY BE MODIFIED BY WRITTEN AGREEMENT.

DEFINITIONS
The term “the Software” means the PC-DMIS software accompanying this license, including all of the files supplied on the product medium and all copies, modified or otherwise, derived from them, and any parts thereof. The term “licensed copy” or “licensed copies” refers to the number of copies for which Licensor has been paid for a license.

LICENSE
This license governs all releases, revisions or enhancements of the Software. The Licensee may operate each licensed copy of the Software on one personal computer, and may copy the Software to one additional personal computer solely for backup purposes. The Licensee may use the Software on a network, provided that the user has licensed a copy of the Software for each computer that can access the Software over that network.

The Licensee acknowledges and agrees that title and all rights of ownership to the Software are and remain with Licensor. No title to or ownership rights in the Software shall pass to the Licensee or any user in any circumstances.

THE USER IS NOT ENTITLED TO MAKE BACK-UP COPIES OR DECOMPILE OR OTHERWISE REVERSE ENGINEER OR COPY OR ADAPT OR OTHERWISE MODIFY THE SOFTWARE OR CREATE DERIVATIVE WORKS BASED THEREON, SAVE TO THE EXTENT PERMITTED IN THIS LICENSE OR REQUIRED TO BE PERMITTED BY MANDATORY, NON-WAIVABLE PROVISIONS OF APPLICABLE LAW.

TRANSFER
The Software may be transferred to another party as part of a machine sale that includes the Software license, provided that (i) the transferring user does not retain any copies thereof; (ii) as a condition precedent to the effectiveness of any such transfer, the receiving party must expressly accept the terms and conditions of this license in writing via written notification to Wilcox Associates, Inc.; and (iii) the transferred license must be current in Software Maintenance at the time of transfer .

TERM
This license is effective until terminated, and terminates automatically as described in this agreement. This license can be terminated by the Licensee at any time by destroying all copies – whole, portions or merged – of the Software. It is also terminated if any portion of this agreement is violated by the Licensee. Licensee agrees to destroy all copies—whole, portions, or merged—of the Software when the license terminates.

IF THE USER TRANSFERS POSSESSION OF THE SOFTWARE OR ANY COPY OF THE SOFTWARE TO ANOTHER PARTY, EXCEPT AS EXPRESSLY PROVIDED IN THIS LICENSE, THIS LICENSE IS AUTOMATICALLY TERMINATED.

LIMITED WARRANTY, WARNINGS, EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY
General. Subject to the limitations and disclaimers and limited remedies set forth below, Licensor warrants to the original Licensee that (a) the media on which the Software is recorded are free from defects in materials and workmanship when delivered to you; and (b) the Software originally delivered to you upon purchase of your license, and updates delivered under Software Maintenance within one year thereof, when properly installed in an operating environment meeting Licensor’s specifications, will operate in substantial conformity with the material specifications contained in the accompanying user documentation (the “Documentation”) for a period of one year from the date of delivery of the original licensed copy to the original Licensee. Any claim under clause (a) above must be made in writing within 90 days of the date of original delivery, and any claim under clause (b) must be made within one year of the delivery date of your original copy of the Software, as evidenced by reasonable proof of purchase. IF THE ACCOMPANYING SOFTWARE IS AN UPDATE DELIVERED MORE THAN ONE YEAR AFTER THE DATE OF DELIVERY OF YOUR ORIGINAL LICENSED COPIES, WHETHER DELIVERED UNDER LICENSOR’S SOFTWARE MAINTENANCE SERVICE OR OTHERWISE, THIS WARRANTY DOES NOT APPLY AND THE UPDATED SOFTWARE IS DELIVERED “AS IS.”

Warranty Conditions. The foregoing warranty shall be void if the Software is modified by Licensee, used in an operating environment which does not meet Licensor’s specifications, or used in a manner inconsistent with the Documentation or this Agreement. The warranty does not apply to defects caused by accident, improper handling, or misuse after delivery to you.

Disclaimer and Warnings. THIS SOFTWARE AND DOCUMENTATION ARE LICENSED “AS IS” WITHOUT A WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, EXCEPT FOR THE LIMITED WARRANTY PRINTED ABOVE. Except as provided in the above warranty, Licensor does not warrant, guarantee, or make any representations concerning the use, usefulness, results of use, of the Software or Documentation or as to the correctness, accuracy, or reliability of the Software. In particular, the Software is a complex product and is not warranted to be free from defects in programming or errors in performance (whether isolated or systematic) or to operate without interruption, or to be compatible in all respects with the multiple software and hardware products that may be interfaced with it. It is the Licensee’s responsibility to choose software that meets the Licensee’s computing needs, and the Licensee bears the entire risk as to the performance and results of the Software and of its suitability for the intended use, and the Licensee is cautioned not to rely exclusively on the Software for the measurement functions that it facilitates without verification or cross-checking through other means.

WILCOX ASSOCIATES, INC. EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU AGREE THAT NO ORAL OR WRITTEN REPRESENTATION, STATEMENTS, ADVICE OR ADVERTISEMENTS BY LICENSOR, OR ITS DISTRIBUTOR, OR THEIR AGENTS, EMPLOYEES, OR DEALERS, CONSTITUTE ANY WARRANTY OR MODIFICATION OF THE FOREGOING DISCLAIMER AND LIMITED WARRANTY, AND YOU ARE HEREBY NOTIFIED THAT NO SUCH PARTY HAS ANY AUTHORITY TO MAKE ANY SUCH MODIFICATION OR ADDITIONAL WARRANTIES.

Limited And Exclusive Remedy. Your exclusive remedy, and Licensor’s entire and sole responsibility and liability, in respect of any claim under the limited warranty set forth above shall be, at Licensor’s option, either (a) replacement of the media or software that does not conform with the warranty with media or software that does conform; or (b) provision of work around instructions or corrected documentation, if appropriate (it being specifically agreed that Licensor may remedy any nonconformity in the on-line documentation and help feature by providing printed documentation); or termination of this license agreement and refund of your entire license fee upon surrender of the software and documentation and all copies thereof. All replacements and updates made during the original warranty period will be warranted only for the remainder of the original warranty period. So long as Licensor performs any one of the three remedies set forth above, this limited remedy shall not be deemed to have failed of its essential purpose.

Limitation of Damages. IN NO EVENT WILL WILCOX ASSOCIATES, INC. OR ITS AUTHORIZED PARTNERS OR RESELLERS BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INDIRECT LOSS, SPECIAL LOSS, LOSS OF PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF CONTRACTS, LOSS OF USE, ANTICIPATED SAVINGS OR LOSS OF DATA ARISING OUT OF THE USE OF THE SOFTWARE. LICENSEE ACKNOWLEDGES THAT LICENSEE IS SOLELY AND FINALLY RESPONSIBLE FOR QUALITY CONTROL OF ITS PRODUCTS, AND THAT LICENSOR SHALL HAVE NO LIABILITY TO LICENSEE OR ANY THIRD PARTY IN RESPECT OF THE QUALITY OR CONFORMITY OF ANY PRODUCTS PRODUCED AND USED OR SOLD BY LICENSEE.

SOFTWARE MAINTENANCE POLICY
Wilcox Associates, Inc., through its authorized partners, agrees to provide free of charge a one year Software Maintenance Agreement (SMA) that includes telephone technical support and all product upgrades that are made available by Wilcox Associates, Inc. as part of the product then in general commercial distribution, beginning on the date of delivery of the Software to the Licensee. Software Maintenance Agreement extensions may be purchased at the completion of each support period by mutual agreement. Each SMA extension shall cover the 12-month period commencing at the end of the last SMA period. Wilcox Associates, Inc.’s support policy requires uninterrupted coverage. Purchase of an SMA after discontinuous SMA periods may incur charges for the uncovered period.

NOTICES
All notices to Wilcox Associates, Inc. in connection with this agreement shall be addressed to:

Wilcox Associates, Inc.
250 Circuit Drive
North Kingstown, RI 02852
USA
webmaster@wilcoxassoc.com.

or any other address designated by written notice, including notice on the Wilcox Associates, Inc. website, www.wilcoxassoc.com.

PROPRIETARY RIGHTS PROTECTION
You may not remove or obscure any of the copyright, trademarks, or other proprietary rights notices embodied in the Software or the Documentation. You agree to use reasonable efforts to protect the Software and Documentation from unauthorized reproduction, distribution, disclosure, use or publication. You consent to the use of technical security devices or routines to prevent unlicensed operation or duplication of the Software and agree not to attempt to circumvent, reverse-engineer, or duplicate such devices.

GOVERNING LAW
This license shall be governed by and construed in accordance with the substantive law of the State of Rhode Island and the courts of the State of Rhode Island are to have jurisdiction to settle any dispute arising out of or in connection with this license. Any proceeding, suit or action arising out of or in connection with this license must therefore be brought in the courts of the State of Rhode Island.