IGOR Pro 9 License Agreement February 2023 Sutter Instrument (DBA WaveMetrics)

IMPORTANT - You must agree to the terms below in order to use the software and documentation.

This computer program and the associated electronic documentation (together called SOFTWARE) is licensed, not sold, to you by WaveMetrics for use only under the terms of this License, and WaveMetrics reserves any rights not expressly granted to you. This SOFTWARE is protected by the United States copyright law and international treaty provisions. WaveMetrics grants you a nonexclusive license to use the SOFTWARE provided you agree to the following:

1a. Installation and Use (Single User License)

If you purchased a Single User License, you may install and use the SOFTWARE on a single computer workstation, except as provided in the next paragraph. You may, however, move the SOFTWARE from the original computer on which it was installed to an alternate computer, so long as you completely remove the SOFTWARE from the original computer.

If the SOFTWARE is installed on a computer owned by the SOFTWARE License holder and if that computer is used by a single individual then that individual may install and use the SOFTWARE on a laptop computer or on a home computer if said computers are used exclusively by the individual and if it can be assured that only one copy of the SOFTWARE is ever in use at any given time.

1b. Installation and Use (Multiple User License)

If you purchased a Multi-User License, you may install the SOFTWARE on any server or on any individual workstations provided you can ensure that no more than the number of users specified in the purchase can be using the SOFTWARE at any given time.

2. Backup Copies

You may make backup copies of the SOFTWARE for archival purposes. You may not use the backup copies for any purpose except the restoration of the SOFTWARE after loss.

3. Transfer

You may not rent, lease, sublicense or lend the SOFTWARE. You may, however, permanently transfer all your rights under this License to another party provided that the following conditions are met:

You completely remove any copies of the SOFTWARE from your computers and the transferee obtains the SOFTWARE by downloading the Licensed version from WaveMetrics’s servers.

You notify WaveMetrics of the transfer by mail or email and include the SOFTWARE serial number, activation key, and the identity of the transferee.

The transferee sends to WaveMetrics a written acceptance of this License Agreement.

4. Update checking

The SOFTWARE may automatically and periodically communicate with WaveMetrics’ servers. In so doing, the SOFTWARE may collect the following types of information: date and time of the update check, your operating system, your IP address, the version of SOFTWARE you installed, your license serial number, and your computer user name. This information may be used to check for available updates, to monitor your compliance with your license, and/or to compile usage data. You can disable the automatic update checker in your user settings.

5. Limited Warranty

WaveMetrics does not warrant, guarantee, or make any representations regarding the use or the results of the use of the SOFTWARE or any accompanying written materials in terms of their correctness, accuracy, reliability, currentness, or otherwise. The entire risk as to the results and performance of the SOFTWARE and written materials is assumed by you. (Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above limitation or exclusion may not apply to you.)

6. Limitation of Liability

In no event will Sutter Instrument (DBA WaveMetrics), its directors, officers or employees be liable to you for any consequential, incidental, indirect, or special damages whatsoever whether foreseeable or unforeseeable, arising out of the use of or inability to use the SOFTWARE or accompanying written materials, regardless of the basis of the claim and even if WaveMetrics or a WaveMetrics representative has been advised of the possibility of such damage. (Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages, so the above limitation or exclusion may not apply to you.)