By opening the envelope for the floppy disks. you accept the terme
of
this
License Agreement.
The registration card must completed in full and returned to the address
shown on the card.
The pertinent information shown also be recorded in the front of the
owner's
manual for
future reference as well.
2
GRANT OF LICENSE:
nontransferable,
In exchange for a one-time fee, Blaupunkt grants you a
package (Product)
non-exclusive license to uee the program and/or data contained in
solely for your own use, whether on one central processing unit or on
multiple machines, but
at the address noted on the
registration card.
may not copy,
You
reverse engineer, translate, port, modify,
store in a retrieval
transmit by any means or make derivative works of the Products without written
system,
authorization of Blaupunkt. You may not rent, disclose, publish, sell, assign, lease
sublicense,
market, or transfer the Products or use them in any manner not expreesly'
authorized by this Agreement,
Blaupunkt.
unless you receive prior written authorization from
If such action occurs, your license is automatically terminated and you agree
to immediately return all copies of
the
Products in any form to Blaupunkt or destroy any
copies not returned.
you do not receive
any,
to
the Product.
and Blaupunkt retains all, ownership rights
The Products are copyrighted and may not be copied even if modified or
merged with other Products.
notice contained in or on the
you shall not altar or remove any copyright or proprietary
Products.
LIMITED WARRANTY AND LIABILITY:
Blaupunkt warrants that the Products in the version and
level this is current on the date of initial shipment to you will, for ninety (90) days
from that date, substantially conform to Blaupunkt's specifications, when used on
Blaupunkt approved computer hardware.
nonconformities, defects or errors.
The Products are
may contain some
Blaupunkt does not warrant that the Products will
meet your needs or expectations, that operations of the Products will be error free or
uninterrupted, or that all nonconformities can or will be corrected.
warranties whatsoever regarding the manual.
Blaupunkt makes no
Blaupunkt reserves the right to make
improvements or changes to the Products at any time without notice to Licensee.
You must notify Blaupunkt within the
warranty period of any warranty claim.
Warranty claims will be recognized only if the registration card is returned to Blaupunkt
within 30 days after your receipt of the product.
Blaupunkt's SOLE OBLIGATION and your
SOLE REMEDY under this Limited Warranty is for Blaupunkt, at Blaupunkt's option, to use
reasonable effort6 to repair or replace the Products or to provide an avoidance procedure
within a commercially reasonable time so that the Product substantially conforms to
Blaupunkt specifications or, in Blaupunkt'a sole discretion, to refund the amount of
initial license fee previously paid by you for the nonconforming Product?
Blaupunkt
disclaims all responsibility for the performance of any product designed through
utilization of Products.
This Limited Warranty is void if any nonconformity has resulted
from accident, abuse, misuse, misapplication,
Blaupunkt.
or modification by someone other than
The Limited Warranty is non-transferable.
THE EXPRESS WARRANTY IN THIS SECTION 2 IS A LIHITED WARRANTY AND IT IS THE ONLY WARRANTY
MADE BY BLAUPUNKT.
BLAUPUNKT MAKES
AND
USER RECEIVES NO OTHER WARRANTY, WHETHER EXPRESS
OR IMPLIED, AND ALL WARRANTIES OF MERCHANTABILITY
AND
FITNESS FOR ANY PARTICULAR PURPOSE
ARE EXPRESSLY EXCLUDED.
THE STATED EXPRESS WARRANTY IS THE EXCLUSIVE REMEDY FOR DAHAGES
AND IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF BLAUPUNKT.
IN NO EVENT SHALL BLAUPUNKT BE LIABLE FOR ANY DAMAGES, CLAIM, OR LOSS INCURRED BY USER
(INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL,
OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES, OR BUSINESS, EXPENDITURES, INVESTMENTS,
OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR DAMAGES
RESULTING FROM LOST DATA OR INABILITY TO USE DATA) IRRESPECTIVE OF WHETHER BLAUPUNKT
HAS
BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES, EXCEPT
AS EXPRESSLY PROVIDED IN SECTION 2.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN
THE AGGREGATE, INCLUDING WITHOUT LIMITATION BREACH
OF
CONTRACT, BREACH OF WARRANTY,
NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS.
IF BLAUPUNKT'S LIMITED
WARRANTY OR LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON
WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE, USER AGREES THAT BLAUPUNKT'S LIABILITY
SHALL NOT EXCEED FIFTY PERCENT (50%) OF THE LICENSE FEES PAID BY USER TO BLAUPUNKT WITH
RESPECT TO THE PRODUCTS AT ISSUE.
Some states do not allow the exclusion or limitation
of incidental or consequential damages or the limitation of duration of an implied
warranty,
so the limitation or exclusion herein may not apply to you.
This warranty
shall not be applicable to the extent that any provision of this warranty is prohibited
by any federal, state,
or local law which cannot be preempted.
This warranty gives you
specific legal rights, and you may also have other rights which vary from state to state.
3. MISCELLANEOUS:
This is the exclusive agreement between Blaupunkt and you regarding its
subject matter.
You may not assign any part of this agreement without Blaupunkt'a prior
written consent.
This agreement shall be governed by the internal laws of California.
You shall pay any taxes on the Product or transactions,
except for those baaed on
Blaupunkt's annual net income.
If any provision of this Agreement is declared invalid or unenforceable, the remaining
provisions of the Agreement shall remain in effect.
Any notice under this Agreement shall
be delivered by U.S. certified mail,
return receipt requested, or by overnight courier to
Blaupunkt.
U.S. GOVERNMENT RESTRICTED RIGHTS:
Use, duplication, or
by the government is
subject to restrictions as set forth in subparagraph
of the Rights in Technical
Data and computer Software clause of DFARS 252.227-7013 or subparagraphs (c)(l) and (2) of
the Commercial Computer software-Restricted Right at
CFR 52.227-19, as applicable.
ALL RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES
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