10.
Software and Firmware License
END-USER NOTICE AND LICENSE AGREEMENT FROM CUE, a.s.
NOTICE TO END-USER:
CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT (THIS "LICENSE").
INSTALLATION OR USE OF THE ENCLOSED CUE, a.s. SOFTWARE PROGRAMS (COLLECTIVELY, "SOFTWARE")
ON YOUR COMPUTER SYSTEMS OR HARDWARE DEVICES CONSTITUTES YOUR ACCEPTANCE OF THESE
TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY DELETE THE SOFTWARE FROM
YOUR COMPUTER SYSTEMS AND HARDWARE DEVICES, DESTROY ANY COPIES YOU MADE OF THE
SOFTWARE OR ANY INSTALLATION MEDIA OF THE SOFTWARE INCLUDED WITH YOUR SYSTEM, AND
DISPOSE OF ALL WRITTEN MATERIALS IN YOUR POSSESSION REGARDING THE SOFTWARE.
License Grant:
CUE grants to You, as an individual, a license to install and use one (1) copy of the Software on a single
computer at a time; provided, however, that You may make copies of the Software solely for Your development of
applications for CUE hardware and demonstration versions of such applications. Any applications created with the
Software may only be used with Cue hardware. Your license to use the Software is conditioned upon Your compliance
with the terms of this License. A License is required for each end-user of the Software. A license is required for each
installation of the Software. You may make one (1) copy of the Software for archival purposes only. You may use this
Software only in connection with CUE hardware. You must have acquired the Software directly in connection with the
purchase of CUE hardware from CUE or from a CUE approved reseller for this license to be effective. If You have
purchased a Site License, You may complete only the number of installations specified in the License Agreement
accompanying the Software.
Copyright:
The Software and software built into CUE hardware ("Firmware") are protected by copyright law and
international treaty provisions. You acknowledge that no title to the intellectual property in the Software and Firmware is
transferred to You. You further acknowledge that title and full ownership rights to the Software and Firmware will remain
the exclusive property of CUE, and You will not acquire any rights to the Software and Firmware except as expressly set
forth in this License. You agree that any copies of the Software will contain the same proprietary notices which appear on
and in the Software.
Prohibited Uses:
Without obtaining prior written permission from CUE, You may not (a.) use, copy, modify, alter, or
transfer the Software or documentation except as expressly provided in this License; (b.) translate, disassemble,
decompile, reverse program or otherwise reverse engineer the Software and Firmware; (c.) sublicense or lease the
Software or its documentation (d.) use this Software with any hardware other than products produced by CUE or in
connection with applications being developed for CUE hardware; or (e.) use the Software in a multi-user, network, or
multiple computer environment or in a rental, time sharing or computer service business. Without prejudice to any other
rights, CUE may terminate this License if You fail to comply with its terms and conditions. In such event, You must
immediately destroy all copies of the Software.
No Other Warranties:
CUE DOES NOT WARRANT THAT THE SOFTWARE AND FIRMWARE IS ERROR FREE. CUE
DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SOFTWARE AND FIRMWARE, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF HOW LONG AN IMPLIED WARRANTY
MAY LAST, OR THE EXCLUSION OF LIMITATION OF INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
No Liability for Consequential Damages:
IN NO EVENT SHALL CUE BE LIABLE TO YOU FOR ANY
CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE
PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF CUE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
Label on Hardware:
Use of this hardware and the software programs controlling this hardware is subject to the terms of
the Software and Hardware License Agreements (the “License Agreements”). You should not use the software and
hardware until you have read the License Agreements. By using the software and hardware, you signify that you have
read the Licenses Agreements and accept their terms. The “License Agreement” is available at www.cuesystem.com.
User Manual airCUE-XM8
www.cuesystem.com
Page 35 of 41
Trademark Notice:
CUE and the CUE logo are trademarks of CUE, a.s. in the United States and in other countries.