AMI Entertainment Megatouch FireFly Installation & Owner'S Manual Download Page 45

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PM0773-01 MEGATOUCH FIREFLY OWNER’S MANUAL

Grant Of License

10. Licensor grants to you a limited, non-exclusive license to distribute and/or use one copy

of the Software on a single Megatouch

(“Machine”) accompanied by a single licensor

factory authorized security key. Licensor reserves the right to update versions of the
software and the content to the Machine as deemed appropriate by the Licensor. You
are entrusted to maintain and protect your single licensor factory authorized security
key, password, or other identification from being utilized by any third party, and you
agree to be responsible for any use of the Software provided herein by a third party
utilizing your identification. Licensor maintains the right to immediately terminate your
License for reasons related to misuse or other non-conformity with the rules expressed
herein. While Licensor does not routinely inspect Machines, Licensor also reserves the
right to inspect or audit the Software from time to time in Licensor’s sole discretion. To
the extent that Licensor’s access to the Software requires that Licensor also gain access
to a Machine in which the Software is installed, you agree to promptly provide Licensor,
when requested, with permission and aid in Licensor gaining access to the Machine.

Disclaimers

11.

EXCEPT AS PROVIDED IN THE SECTION ENTITLED “LIMITED WARRANTY”, LICENSOR
MAKES NO OTHER PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER
EXPRESSED OR IMPLIED, REGARDING OR RELATING TO THE SOFTWARE OR
CONTENT THEREIN OR TO ANY OTHER MATERIAL FURNISHED OR PROVIDED TO
YOU PURSUANT TO THIS AGREEMENT OR OTHERWISE AND LICENSOR
SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO SAID MATERIALS OR
THE USE THEREOF. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW THE
UNIFORM COMMERCIAL CODE OR OTHER UNIFORM LAWS SHALL NOT APPLY TO
THIS AGREEMENT.

Limitation on Liability

12. IN NO EVENT SHALL LICENSOR BE LIABLE UNDER ANY CLAIM, DEMAND OR ACTION

ARISING OUT OF OR RELATING TO THE SOFTWARE, ITS USE, INSTALLATION OR
LICENSOR’S PERFORMANCE OR LACK THEREOF UNDER THIS AGREEMENT FOR
ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH CLAIM, DEMAND OR ACTION. IN ADDITION, WITHOUT LIMITING THE
FOREGOING, IN ALL EVENTS THE REMEDIES AVAILABLE TO YOU SHALL BE LIMITED
TO THE AMOUNT PAID BY YOU TO LICENSOR FOR THE SOFTWARE.

13. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR DAMAGES, INCLUDING

ANY LOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE, MISUSE, BREACH OF
THIS AGREEMENT OR INABILITY TO USE THE SOFTWARE.

General

14. The validity and construction of this Agreement and of the rights and obligations herein

shall be determined and governed by the laws of the State of New York. By accepting the
terms of this Agreement, you acknowledge and accept that the courts of New York, New
York shall have exclusive jurisdiction and venue regarding any disputes arising with regard
to this Agreement or arising out of activity or misuse of the Software.

15. AMI Entertainment Network, Inc. in its sole discretion, may assign this agreement or

any of its rights and obligations hereunder.

16. If you have any questions concerning this Agreement or wish to contact Licensor for any

reason, please write: AMI Entertainment Network, Inc., 155 Rittenhouse Circle, Bristol,
PA 19007, USA.