End User License Agreement
INTEREX, INC -- XLR8 BY INTEREX, INC.
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END-USER LICENSE AGREEMENT FOR INTEREX AND XLR8 PRODUCTS
NOTICE TO USER: THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE, YOU ACCEPT ALL THE
TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT, YOU SHOULD PROMPTLY DESTROY ALL ELECTRONIC COPIES AND RETURN THIS
PACKAGE TO PLACE WHERE YOU OBTAINED IT FOR A FULL REFUND, OR IN THE CASE OF ELEC-
TRONIC DISTRIBUTION, YOU SHOULD DESTROY ALL COPIES IN YOUR POSSESSION.
1. Grant of License. Interex, Inc. and XLR8 by Interex, Inc. (Interex), grants to the Licensee purchasing this
copy of Interex and XLR8 machine readable software and associated files ("Software"), and if applicable all
enclosed circuit board and related parts and equipment ("Hardware"), license of use on any single computer,
provided that use is permitted on only one computer at a time. The Software is "in use" on a computer when it
is either loaded into temporary memory (i.e. RAM) or installed into permanent memory (i.e. hard disk, CD
ROM, etc.), except that a copy loaded into the permanent memory of a network server for the sole purpose of
distribution to other computers is not "in use." If the anticipated number of user of the Software exceeds the
number of applicable licenses, you must have some reasonable mechanism or process in place to insure that the
number of concurrent users does not exceed the number of Licensees.
2. Copyright. The manual and the software are owned and copyrighted by Interex and its licensors with all rights
reserved. You may make a single copy of the Software solely for backup purposes. You may not copy the manu-
al or any part thereof.
3. Restrictions. You may permanently transfer your rights under this Agreement by providing to such party this
Agreement, the Software, and all accompanying written materials, provided that you retain no copies of the
Software or written materials and that the other party agrees to the terms of the License Agreement. You may
not reverse engineer, decompile or dissemble the Software. You may not modify, adapt, translate, rent, lease,
loan or create derivative works from the Software.
4. Term. The license is effective until terminated. The License will terminate immediately, if you fail to comply
with any term or condition of this Agreement. Should this Agreement be terminated, or in order for you to ter -
minate the Agreement, you agree to destroy the Software, all accompanying written materials and all copies
thereof.
5. Limited Warranty. Interex warrants to you that the medium (i.e. diskettes, disk, CD ROM, etc) on which the
software is recorded will be free from defects in material and workmanship for a period of ninety (90) days from
the date of receipt, and that any Hardware accompanying the Software will be free from defects in materials and
workmanship for a period of two (2) years from the date of receipt. THE SOFTWARE IS PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. INTEREX, MAKES NO OTHER REPRESENTATIONS OR WAR-
RANTIES AS TO THE SOFTWARE OR HARDWARE, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICU-
LAR PURPOSE. Some states do not allow the exclusion or limitation of implied warranties, so the above exclu-
sion may not apply to you. The agents, employees and dealers of Interex are not authorized to make modifica-
tions to this warranty, nor are additional statements or warranties binding on Interex
6. Limitation of Remedies. Interex Inc.’s entire liability and your exclusive remedy shall be at Interex’s option
(a) the refund of the purchase price; or (b) the replacement of the diskettes, CD-ROM, electronic version or
Hardware, as applicable. This limited warranty is void if failure of the Software or Hardware has resulted from
accident, abuse, or misapplication. IN NO EVENT SHALL INTEREX OR ITS DEVELOPERS, DIRECTORS,
OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDI-
RECT DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION AND LOSS OF BUSINESS INFORMATION ARISING FROM THE USE OR THE
INABILITY TO USE THE SOFTWARE, HARDWARE OR ACCOMPANYING WRITTEN MATERIALS. Some
states do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above
limitation may not apply to you.
Interex shall have no liability or responsibility for Software or Hardware altered by you or a third party or for
problems due to the malfunction of your equipment or software not provided by Interex
7. Choice of Law. This Agreement will be governed by the laws of the State of Kansas.
8. Export Law Assurances. You agree and certify that neither the Software nor any other technical data received
from Interex nor the direct product thereof, will be exported outside of the United States except as authorized
and as permitted by the laws and regulation of the United States, and as permitted by Interex
9. General. Should you have any questions concerning this Agreement, you may contact the Licensor by writing
to Interex, Inc., 8447 E 35th St. N, Wichita, KS 67226.
U.S. Government Restricted Rights
The Software and documentation are 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 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 CFR 52.227-19, as applicable. Interex, Inc., 8447 E 35th St. N, Wichita,
KS 67226.
YOUR ACCEPTANCE OF THE FOREGOING AGREEMENT WAS INDICATED DURING INSTALLATION.
Chapter 6 - Support & Reference
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Limited Warranty
XLR8 by Interex warrants this product to be free from any
defects in materials or workmanship to the initial purchaser
for Two Years from the date of purchase. If such a defect is
discovered within this warranty’s limitations, the manufactur-
er agrees to repair or replace, at its sole discretion, this prod-
uct free of charge, subject to the following conditions:
1. The manufacturer must be notified in writing within
10 days of discovery of defect.
2. The defective unit is returned to the manufacturer,
freight prepaid, within 30 days of discovery of defect.
Proof of purchase must accompany return.
3. Manufacturer shall determine damage to product is
not due to misuse, negligence, improper installation,
repair, alteration or accident caused by parties other
than manufacturer.
This warranty is in lieu of all other warranties express or
implied. In no event shall the manufacturer be liable for
incidental or consequential damages including personal
injury. This product is intended for use in only those
computer models listed in the operating instructions or
on the package.
Chapter 6 - Support & Reference
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