| End-User Agreement THIS AGREEMENT IS A LEGAL DOCUMENT. READ IT CAREFULLY BEFORE USING THE KIT. IT PROVIDES TERMS AND CONDITIONS OF USING THE KIT AND CONTAINS LIABILITY DISCLAIMERS. BY USING THE KIT, YOU ARE CONFIRMING ACCEPTANCE OF THE KIT AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO DO SO, CLICK ON "I DO NOT AGREE TO THESE TERMS AND CONDITIONS," BELOW AND PROMPTLY DESTROY THE KIT FOR YOUR OWN LEGAL INDEMNIFICATION.1. Definitions
(a) "Kit" refers to the contents of this package, such as the X9 or X9a products, including the tutorial supplied herewith, and any and all updates thereto.
(b) "Educational Version" means a version of the Software, so identified, for use by students and faculty of educational institutions, only. Educational Versions may not be used for, nor shall they be distributed to any party for, any commercial purpose.
(c) "Not For Resale (NFR) Version" means a version of the Kit, so identified, to be used for review and evaluation purposes only. 2. License
This Agreement allows you to:
(a) Install the tutorial on a single computer and make one copy in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software.
(b) Install the tutorial on a storage device, such as a network server, and run the tutorial on an internal network, provided the number of concurrent users does not exceed the number of Kits purchased. A copy of the Kit must be purchased for each such user.
(c) If you have purchased a multi-pack license for the Kit, such as a Five-Pack license, you may concurrently use the number of copies of the tutorial authorized by that purchase. 3. License Restrictions
Other than as set forth in Section 2, you may not make or distribute copies of the tutorial, or electronically transfer the tutorial from one computer to another or over a network. You may not decompile, reverse engineer, disassemble, or otherwise reduce the tutorial to a human-perceivable form. You may not rent, lease or sublicense the Kit. You may not modify the Kit or create derivative works based upon the tutorial. You may export the Kit into any country prohibited by the United States Export Administration Act and the regulations thereunder. 4. Ownership
The foregoing license gives you limited rights to use the Kit. Although you own the media on which the tutorial is recorded, you do not become the owner of, and we retain title to, the tutorial and all copies thereof. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved. 5. Limited Warranties
We warrant that, for a period of ninety (90) days from the date of delivery: (i) when used as recommended, the Kit will perform in substantial conformance with the documentation supplied in the Initial User Request; and (ii) that the Kit will be free from defects in materials and workmanship under normal use. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, WE DISCLAIM ALL OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, NONDISCLOSURE, AND ULTIMATE EFFECTIVENESS. No oral or written information or advice given by us, our dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty. 6. Exclusive RemedyYour exclusive remedy under Section 7 is to abandon the Kit. We will not supply you with a replacement copy of the Kit, provide a replacement for defective media, or refund to you your purchase price for the Kit. We shall have no responsibility if the Kit has been altered in any way, if the tutorial has been damaged by accident, abuse or misapplication, or if the failure arises out of use of the Kit as or other than as recommended. 7. Limitations of Damages
(a) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, ETC.), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, JUDICIAL JUDGMENTS, INJURY, DEATH OR OTHERWISE, EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b)WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, ETC.), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, JUDICIAL JUDGMENTS, INJURY, DEATH, OUR DISCLOSURE OF YOUR INTENTON, OR OTHERWISE RESULTING FROM YOUR CORRECT USE OF THE KIT.
(c) OUR TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO $1 U.S.
8. Basis of Bargain
The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the agreement between us and you. We would not be able to provide the Kit on an economic basis without such limitations. 9. General
This Agreement shall not be governed by the internal laws of any state, country, province, municipality, fiefdom, or any other human government. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. |
