ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, FROM ALL CAUSES
OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO
STAAKER BY YOU FOR THE PRODUCT THAT GIVES RISE TO THE CLAIM. Some jurisdictions do not
allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation
or exclusion may not apply to you.
Software License
Any software installed in the Products (the “Software”) is licensed and not sold to Staaker’s customers.
You may only use this software for its normal, intended use with the Products and in line with these
Terms. When we say “sell” and “purchase” in these Terms, we mean “sell” and “purchase” only with
respect to the non-software elements of the Product. These Terms apply whether or not they are included
with the Products sold hereunder.
Subject to your compliance with these Terms, Staaker grants you a limited, non-exclusive,
non-transferable, non-sublicenseable license to use the Software as part of your use of the Product for
your own personal, non-commercial purposes and for no other purposes. You may not (i) copy, modify or
create derivative works based on the Software; (ii) distribute, transfer, sublicense, lease, lend or rent the
Software to any third party; (iii) reverse engineer, decompile or disassemble the Software; or (iv) make
the functionality of the Software available to multiple users through any means. Staaker reserves all rights
in and to the Software not expressly granted to you under these Terms. All Software is protected by U.S.
and international copyright law and treaties.
All the Software and any related documentation are “commercial items” as that term is defined in FAR
2.101, consisting of “commercial computer software” and “commercial computer software documentation,”
respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. To the extent that the
Products are being acquired by or on behalf of the U.S. Government then, as provided in FAR 12.212 and
DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the software and
any related documentation will be only those specified in these Terms.
Dispute Resolution
These Terms and any action related thereto will be governed by the laws of the State of California without
regard to its conflict of laws provisions.
For any dispute, claim or controversy with Staaker arising out of or relating to these Terms or the use of
the Product (collectively, “Dispute”), you agree to first contact us and attempt to resolve the Dispute with
us informally. In the unlikely event that Staaker has not been able to resolve a Dispute with you after 30
days, you and Staaker agree that it shall be settled by binding arbitration, except that each party retains
the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable
relief in a court of competent jurisdiction to prevent the actual or threatened infringement,
misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other
intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”); and
(iii) you retain the right to litigate any Dispute other than an IP Protection Action by providing Staaker with
written notice of your desire to do so by email or regular mail within thirty days following the date you first
accept these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Staaker with an
Arbitration Opt-out Notice within the 30-day period, you will be deemed to have knowingly and
intentionally waived your right to litigate any Dispute except as expressly set forth in (i) and (ii) above. The
exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Staaker with an
Arbitration Opt-out Notice, will be the state and federal courts located in California and each of the parties
hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Staaker
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