SOFTWARE LICENSE
Software License Agreement
IMPORTANT - PLEASE READ THIS CAREFULLY:
By using the software in your Amino A129 (“Product”), you
(“You”) agree to be bound by the terms of this Software License
Agreement (“Agreement”). If you do not agree to be bound by the
terms of this Agreement, you must immediately cease all use
of the Product and return the Product and all accessories, in the
original packaging to your service provider, or the supplier from
which you obtained the Product.
License Grant; Restrictions
Subject to the terms of this agreement, Amino Communications
exclusive, non-transferable license, without the right to sub-license,
to use the software included with the Product or subsequently
provided to you, and its associated documentation solely for your
non-Commercial use and solely in connection with your use of
the Product. You acknowledge and agree that Amino and your
service provider may periodically update, modify or enhance the
Product software. You agree that; a) you will not attempt to modify,
enhance, disassemble, decompile, reverse engineer or otherwise
attempt to gain access to the source code to the software; and b)
you will not attempt to remove or unbundle the software from the
Product. Any resale or transfer of the Product by you will be subject
to the terms and conditions of this agreement.
Recorded Materials
The Amino A129 is intended for the reception of TV picture and
sound signals (“Materials”) for personal use in conformance with
applicable laws, license agreements or service agreements under
which you have obtained access to such Materials. Any other use
is expressly prohibited. It is Your responsibility to comply with, and
you agree to be bound by, all such applicable laws and agreements.
Unauthorized recording of copyrighted material, or providing copies
of such material to others, may infringe the rights of copyright
Prior permission from the copyright owners may be required for
certain public performances and certain commercial uses. You agree
to indemnify and hold harmless Amino and its Licensors against
any breach by You of applicable copyright restrictions in connection
with your use of the Product. Your service provider can advise you
on the legitimate use of the Product.
Ownership
Amino and its licensors own and retain all proprietary rights,
including all patent, copyright, trade secret, trademark and other
intellectual property rights in and to the software and to any
enhancements or modifications to the software which may be
provided to you. You acknowledge that the license granted under
this agreement does not provide you with title or ownership to
the software but only to a right of limited use under the terms
and conditions of this agreement.
Software Warranties
To the maximum extent permitted by applicable law, Amino makes
no representations and disclaims any and all warranties, express or
implied with respect to the software, including, without limitation,
any implied warranty of merchantability, fitness for purpose, non-
infringement of third party rights and those arising from a course
of dealing or usage of trade. No representation is made or warranty
is given that use of the software will be defect free or error free or
uninterrupted, that any defects or errors will be corrected or that
the functionality of the software will meet your requirements.
Limitation of Liability
To the maximum extent permitted by applicable law, Amino,
its suppliers and licensors will not be liable for loss of profits,
business interruption, loss of information or data, or other
pecuniary loss, or for any consequential, indirect, incidental,
special, punitive or other damages whatsoever arising out of
this agreement or the use or inability to use the software, even
if Amino or its suppliers or licensors have been advised of the
possibility of such damages.
Termination
This agreement and the licenses granted hereunder shall
immediately terminate if you fail to comply with the license
limitations described in this agreement. No notice will be required
agreement you must return all hardware, software and product
documentation and accessories to the service provider, or the
supplier from which you obtained the Product.
Export Controls
You acknowledge and agree that none of the software or
underlying information or technology may be downloaded or
otherwise exported or re-exported: a) into (or to a national or
resident of) Angola, Cuba, Iran, Iraq, Libya, North Korea, Sudan,
Syria, or any other country to which the US has embargoed goods;
or any one on the US Treasury Department’s list of Specially
Designated Nationals or the US Commerce Department’s Table of
Denial Orders. By using the software, you represent and warrant
that you are not a resident or national of any such country or on
any such list.
US Government Users
This software is a commercial product and is provided with
restricted rights. Use, reproduction, release, modification or
disclosure of the software or any part thereof including technical
data is restricted in accordance with Federal Acquisition
Regulation (FAR) 21.212 for civilian agencies and Defense Federal
Acquisition (DFARS) 227.7202 for military agencies.
Law
If you acquired this Product in the United States, this agreement
shall, in all respects, be governed by the laws of the State of
Georgia without reference to its principles or conflicts of laws. You
hereby agree that all disputes arising out of this agreement shall
be subject to the exclusive jurisdiction and of and venue in the
federal and state courts within Atlanta, Georgia, and you hereby
consent to the personal and exclusive jurisdiction and venue of
these courts. If you acquired this product in the United Kingdom,
the laws of England shall apply, and you hereby consent to the
exclusive jurisdiction and venue of these courts. If you acquired
this product elsewhere, then local law may apply.
Miscellaneous
If any of the provisions of this agreement are held to be invalid
under any applicable statute or rule of law, they are, to that
extent, deemed omitted. Any delay by Amino in exercising any
of its rights shall not constitute a waiver of any such right. This
agreement constitutes the complete and exclusive agreement
between you and Amino with respect of the subject matter
hereof and supersedes all prior oral or written understandings,
communications or agreements. This agreement may not be
modified except in writing by a duly authorized representative of
on interpretation of this Agreement.
