COPYRIGHT © 2011 AMI ENTERTAINMENT NETWORK, INC.
PM0802-01 Rev A ML-1 INSTALLATION AND OWNER’S MANUAL
42
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 identifi cation 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 identifi cation. 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.
