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License Agreement
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS EQUIPMENT
WHICH CONTAINS SOFTWARE IN A NON-VOLATILE FORMAT AND CERTAIN OTHER INTELLECTUAL PROPERTY
(HEREAFTER “FIRMWARE”). USING THIS EQUIPMENT INDICATES YOUR ACCEPTANCE OF THE FOLLOWING TERMS
AND CONDITIONS.
Grant
You may use the Firmware in or in conjunction with the Equipment as provided to You. You may transfer ownership of the
Equipment, including the right to use the Firmware to another party so long as that party agrees to accept these terms and
conditions.
YOU MAY NOT USE, COPY, MODIFY, TRANSLATE OR TRANSFER THE FIRMWARE, OR MODIFICATION THEREOF, IN
WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS LICENSE. YOU MAY NOT DECOMPILE,
REVERSE ENGINEER OR OTHERWISE DECODE OR ALTER THE SOFTWARE CONTAINED IN THE FIRMWARE.
Limited Software Warranty and Disclaimer
We warrant that, for a period of ninety (90) days from the date of shipment, the Firmware will, under normal use, be free from
defects in materials and workmanship in the EPROM (or similar storage device). The foregoing warranty shall not apply to any
Firmware that has been used in violation of this Agreement. During this limited warranty period We will provide support by phone
on a best-efforts basis. We may, in addition to the above, replace any defective Firmware with a functionally equivalent product.
The foregoing shall be Your exclusive remedy for any breach of warranty hereunder. You assume responsibility for choosing the
Equipment containing the Firmware to achieve your intended results, and for the installation, use and results obtained from the
Equipment and Firmware.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, WE MAKE AND YOU RECEIVE NO WARRANTIES ON THE
FIRMWARE, EXPRESS, IMPLIED, OR STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR
COMMUNICATION WITH YOU, AND WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION WILL BE
UNINTERRUPTED OR ERROR FREE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE
OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Limit of Liability
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR LOSS OF DATA, COST OF COVER, OR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THESE LIMITATIONS SHALL
APPLY EVEN IF WE OR OUR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
YOU AGREE THAT THESE ARE THE ONLY APPLICABLE TERMS OF AGREEMENT BETWEEN US COVERING FIRMWARE
AND THAT THEY SUPERSEDE ANY OTHER COMMUNICATIONS (ORAL OR WRITTEN) BETWEEN US RELATING TO THE
FIRMWARE.
U.S. Government Restricted Rights
The Firmware is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technological Data and computer software clause at DFARS
252.227-7013 or in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 8 C.F.R. 52-227-19
as applicable.
