License
EFI grants you a non-exclusive license to use the software (“Software”) and accompanying documentation (“Documentation”) included with the Product. The
Software is licensed, not sold. You may use the Software solely for your own customary business or personal purposes. You may not rent, lease, sublicense or lend
the Software. You may, however, permanently transfer all of your rights under this Agreement to another person or legal entity provided that: (1) you transfer to
the person or entity all of the Software and Documentation (including all copies, updates, upgrades, prior versions, component parts, the media and printed
materials, and this Agreement); (2) you retain no copies of the Software and Documentation, including copies stored on a computer; and (3) the recipient agrees
to the terms and conditions of this Agreement.
You may not make or have made, or permit to be made, any copies of the Software or portions thereof, except as necessary for backup or archive purposes in
support of your use of the Software as permitted hereunder. You may not copy the Documentation. You may not attempt to alter, disassemble, decompiler, decrypt
or reverse engineer the Software.
Proprietary Rights
You acknowledge that the Software is proprietary to EFI and its suppliers and that title and other intellectual property rights therein remain with EFI and its
suppliers. Except as stated above, this Agreement does not grant you any right to patents, copyrights, trade secrets, trademarks (whether registered or unregistered),
or any other rights, franchises or licenses in respect of the Software. You may not adopt or use any trademark or trade name which is likely to be similar to or
confusing with that of EFI or any of its suppliers or take any other action which impairs or reduces the trademark rights of EFI or its suppliers.
Confidentiality
You agree to hold the Software in confidence, disclosing the Software only to authorized users having a need to use the Software as permitted by this Agreement
and to take all reasonable precautions to prevent disclosure to other parties.
Remedies and Termination
Unauthorized use, copying or disclosure of the Software, or any breach of this Agreement will result in automatic termination of this license and will make available
to EFI other legal remedies. In the event of termination, you must destroy all copies of the Software and all of its component parts. All provisions of this Agreement
relating to disclaimers of warranties, limitation of liability, remedies, damages, and EFI’s proprietary rights shall survive termination.
Limited Warranty and Disclaimer
EFI warrants to the original purchaser (“Customer”) for thirty (30) days from the date of original purchase from EFI or its authorized retailer that the Software
will perform in substantial conformance to the Documentation when the Product is used as authorized by EFI’s specifications. EFI warrants the media containing
the Software against failure during the above warranty period. EFI makes no warranty or representation that the Software will meet your specific requirements,
that the operation of the Software will be uninterrupted or error free, or that all defects in the Software will be corrected. EFI makes no warranty, implied or
otherwise, regarding the performance or reliability of any third party products (software or hardware) not provided by EFI. THE INSTALLATION OF ANY
THIRD PARTY PRODUCTS OTHER THAN AS AUTHORIZED BY EFI WILL VOID THIS WARRANTY. IN ADDITION, USE, MODIFICATION,
AND/OR REPAIR OF THE PRODUCT OTHER THAN AS AUTHORIZED BY EFI WILL VOID THIS WARRANTY.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, EFI MAKES AND YOU RECEIVE NO WARRANTIES OR CONDITIONS ON THE
SOFTWARE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH YOU,
AND EFI SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EFI AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING
LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES
ARISING FROM THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE OR FAILURE OF THE SOFTWARE, HOWEVER CAUSED
AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF EFI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. YOU ACKNOWLEDGE THAT THE PRICE OF THE PRODUCT REFLECTS THIS ALLOCATION OF RISK. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Export Controls
You agree that you will not export or re-export the Software in any form in violation of any applicable laws or regulations of the United States or the country in
which you obtained them.
U.S. Government Restricted Rights:
The Software and Documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)
and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.
