The Software is made available for downloading solely for individual use according to the License Agreement. You may not reproduce or redistribute any materials found on this Website, as such conduct is expressly prohibited by the License Agreement. Should you violate the License Agreement, you may be subject to both civil and criminal penalties. TCH will seek all remedies available under the law.

WITHOUT LIMITING THE FOREGOING, YOU ARE EXPRESSLY PROHIBITED FROM COPYING OR REPRODUCING THIS SOFTWARE IN ANY WAY TO ANY OTHER SERVER OR LOCATION EXCEPT AS PERMITTED BY THE LICENSE AGREEMENT. ANY REDISTRIBUTION OF THE SOFTWARE IS ILLEGAL. ANY WARRANTIES ARE GOVERNED BY THE TERMS OF THE LICENSE AGREEMENT. WITH THAT EXCEPTION, ALL WARRANTIES AND CONDITIONS OF THE SOFTWARE ARE HEREBY DISCLAIMED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

RESTRICTED RIGHTS. Any Software that is downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentality's (hereinafter referred to as "U.S. Government") is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is TCH LLC, 4185 Harrison Boulevard, Suite 202, Ogden, Utah 84403.

DOCUMENTS AVAILABLE ON THIS WEBSITE

For purposes of this section, "Documents" is defined to mean any papers, datasheets, FAQs, information sheets, etc.* Documents obtained from this server may be used, subject to the following restrictions:

1. The TCH copyright notice must appear in all copies and that both the copyright notice and this permission notice appear;
2. use is limited to informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media.
3. no modifications of any Documents are made.

* Documents specified above do not include the design or layout of the www.tch.com Website or any other TCH owned, operated, licensed or controlled site. Elements of the TCH Websites are protected by law and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any TCH Website may be copied or retransmitted unless expressly permitted by TCH.

NO REPRESENTATIONS OR WARRANTIES ARE MADE BY TCH AS TO THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL INFORMATION AND DOCUMENTS ARE PROVIDED ON AN "AS IS" BASIS. ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE HEREBY DISCLAIMED. IN NO EVENT SHALL TCH BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SERVER.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. USE AT YOUR OWN RISK. TCH MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

SOFTWARE, DOCUMENTS, AND SERVICES AVAILABLE ON THE WEBSITE.

TCH SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SERVER.

LINKS TO THIRD PARTY SITES

AS A SERVICE TO OUR CUSTOMERS, TCH HAS PROVIDED LINKS WHICH WILL PERMIT ACCESS TO RELATED SITES. UTILIZATION OF A LINK REQUIRES LEAVING TCH’S SITE. PLEASE REMEMBER THAT TCH CANNOT CONTROL THE LINKED SITES AND IS NOT RESPONSIBLE FOR ANY OF THE CONTENTS OR LINKS CONTAINED IN SUCH SITES. FURTHER, TCH IS NOT RESPONSIBLE FOR ANY CHANGES OR UPDATES TO SAID SITES. TCH’S INCLUSION OF ANY LINK SHALL NOT BE CONSTRUED AS ENDORSEMENT OF THE RELEVANT SITE.
Any rights not expressly granted herein are reserved.

LICENSING AGREEMENT

Please read this Agreement carefully before using the PROGRAM.

THIS AGREEMENT STATES THE TERMS AND CONDITIONS UPON WHICH TCH LLC (hereinafter referred to as "TCH") OFFERS TO LICENSE THE SOFTWARE PROGRAM (hereinafter referred to as "PROGRAM") TO YOU. TCH WILL ONLY LICENSE THE PROGRAM TO YOU IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT BY CLICKING THE "I ACCEPT" BUTTON AND USING THE PROGRAM. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE " I DO NOT ACCEPT" BUTTON AND DO NOT USE THE PROGRAM.

IF YOU USE, COPY, MODIFY OR TRANSFER THE PROGRAM, OR ANY COPY, MODIFICATION OR MERGED PORTION, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS LICENSE, YOUR LICENSE IS AUTOMATICALLY TERMINATED WITHOUT PREJUDICE TO ANY OTHER RIGHTS. IN SUCH EVENT, YOU MUST PROMPTLY DESTROY ALL COPIES OF THE PROGRAM AND ALL OF ITS COMPONENT PARTS.

PROGRAM LICENSE

The PROGRAM is owned by TCH and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The PROGRAM is licensed, not sold to you for use only under the terms of this license, and TCH reserves all rights not expressly granted to you.

1. GRANT OF LICENSE

   This AGREEMENT grants you the following rights:

   Software

   You may install and use the PROGRAM for internal purposes only on a single computer at any one time, except as otherwise stated in this section. The PROGRAM is considered in use when it is installed in the temporary memory, i.e. RAM, or the permanent memory, i.e. the hard drive.

   You are permitted to make one copy of the PROGRAM in machine-readable form solely for backup purposes, provided that your backup is not installed on any computer. You agree to ensure that anyone who uses the PROGRAM, accessed either locally or remotely, does so only for your authorized use and complies with the terms of this Agreement. You must reproduce the copyright notice and any other ownership, confidentiality or proprietary legends that are on the original copy of the PROGRAM.

   Network Services

   If the PROGRAM includes functionality that enables the computer to act as a network server, any number of computers or workstations may access or otherwise utilize the basic network services of that server. The basic network services are more fully described in the printed materials accompanying the PROGRAM.

   Storage/Network Use

   You may also store or install a copy of the PROGRAM on the computer to allow your other computers to use the PROGRAM over an internal network, and distribute the PROGRAM to your other computers over an internal network. However, you must acquire and dedicate a license for the PROGRAM for each computer on which the PROGRAM is used or to which it is distributed. A license for the PROGRAM may not be shared or used concurrently on different computers.

2. RIGHTS AND LIMITATIONS Restrictions

   (a) You are restricted from marketing, distributing or transferring copies of the PROGRAM to others or electronically transferring the PROGRAM from one computer to another over a network except as provided for above; (b) You may not decompile, reverse engineer, disassemble or otherwise reduce the source or object code of the PROGRAM to a human perceptible form, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (c) You may not modify, adapt, translate or create derivative works based on the PROGRAM.

   Separation of Components

   The PROGRAM is licensed as a single product. Its component parts may not be separated for use on more than one computer.

   Rental

   You may not rent or lease the PROGRAM.

   Software Transfer

   You may not temporarily or permanently transfer all of your rights under this Agreement as part of a sale or transfer of the computer.

   Termination

   Without prejudice to any other rights, TCH may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the PROGRAM and all of its component parts.

3. UPGRADES

   You understand that TCH may update or revise the PROGRAM at any time and in doing so incurs no obligation to furnish such upgrades to you. Any upgrades of the PROGRAM automatically contain the same terms as this Agreement, even if no Agreement accompanies the upgrade. You agree to apply this Agreement to any and all future PROGRAM upgrades, with or without notice to you.

4. COPYRIGHT

   All title and copyrights in and to the PROGRAM, including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the PROGRAM, the accompanying printed materials, and any copies of the PROGRAM, are owned by TCH or its suppliers. The PROGRAM is protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content. All rights not expressly granted are reserved by TCH.

5. DUAL-MEDIA SOFTWARE

   You may receive the PROGRAM in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user.

6. U.S. GOVERNMENT RESTRICTED RIGHTS

   Use, duplication, or disclosure by the Federal Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.

7. EXPORT RESTRICTIONS

   You agree that you will not export or re-export the PROGRAM to any country, person, or entity subject to U.S.A. export restrictions.

TERMS

The license is effective on the date you accept this Agreement and remains in effect until terminated as indicated above or until you terminate it. If the license is terminated for any reason, you agree to destroy the PROGRAM together with all copies, modifications, and merged portions in any form. This Agreement can only be modified by a written agreement signed by you and TCH, and changes from the terms and conditions of this Agreement made in any other manner will be of no effect. If any portion of this Agreement shall be held invalid, illegal, or unenforceable, the validity, legality and enforceability of the remainder of the Agreement shall not in any way be affected or impaired thereby. This Agreement shall be governed and interpreted in accordance with the laws of the State of Utah without giving effect to choice of law principles.

NO WARRANTY

TCH MAKES NO WARRANTY OR REPRESENTATION RELATING TO THE PROGRAM, THE DOCUMENTATION, OR THIS AGREEMENT. FURTHERMORE, TCH DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OF THE PROGRAM. THE PROGRAM MAY CONTAIN OR BE DERIVED FROM PORTIONS OF MATERIALS PROVIDED BY A THIRD PARTY UNDER LICENSE TO TCH. THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND BY TCH OR ANY THIRD PARTY, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU AND YOUR COMPANY, IF APPLICABLE. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU (AND NOT TCH OR ITS DEALERS OR DISTRIBUTORS) ASSUME THE ENTIRE COST FOR ALL NECESSARY REPAIR OR CORRECTION. THE LIMITATION OF LIABILITIES DESCRIBED IN THIS SECTION ALSO APPLY TO ANY THIRD PARTY SUPPLIER OF MATERIAL SUPPLIED TO TCH. TCH AND ITS THIRD PARTY SUPPLIER LIMITATIONS OF LIABILITY ARE NOT CUMULATIVE. SUCH THIRD PARTY SUPPLIER IS AN INTENDED BENEFICIARY OF THIS SECTION.

LIMITATIONS

IN NO EVENT WILL TCH OR ITS DEALERS OR DISTRIBUTORS BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, DAMAGE TO REPUTATION, OR OTHER INCIDENTAL OR ECONOMIC CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM EVEN IF TCH OR ITS DEALERS OR DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. (SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.) TCH WILL NOT BE LIABLE FOR ANY LOSS OF, OR DAMAGE TO, YOUR RECORDS, DATA OR ANY OTHER DAMAGES CLAIMED BY YOU BASED ON ANY THIRD PARTY CLAIM. YOU FURTHER AGREE THAT NEITHER PARTY MAY BRING A LEGAL ACTION UNDER THIS AGREEMENT MORE THAN TWO YEARS AFTER THE CAUSE OF ACTION AROSE.

ACKNOWLEDGMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND TCH WHICH SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN YOU AND TCH RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

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