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PRODUCT. You shall not loan, rent, disclose, publish, sell, assign, lease, sublicense, market or otherwise
transfer the Software in the PRODUCT or use it in any manner not expressly authorized by this agreement.
You shall not derive or attempt to derive the source. code or structure of all or any portion of the Software in
the PRODUCT by reverse engineering, dissembling, recompilation, or any other means. You shall not use
the Software in the PRODUCT to operate a service bureau or for any other use involving the processing of
data for other persons or entities. GROM and its licensee(s) shall retain all copyright, trade secret, patent
and other proprietary ownership rights to the Software in the PRODUCT. You may transfer all of your license
rights in the Software or the PRODUCT, the related documentation and a copy of this License Agreement
And Warranty to another party, provided that the party reads and agrees to accept the terms and conditions
of this License Agreement And Warranty.
4.3.2 OPERATIONAL WARNING AND SAFETY INSTRUCTIONS.
IMPORTANT NOTICE:
YOU SHOULD READ AND FAMI LIARIZE YOURSELF THOROUGHLY WITH THE
FOLLOWING INFORMATION PRIOR TO INSTALLING AND USING THE
GROM AUDIO AUX adapter.
FAILURE TO ABIDE BY THESE OPERATIONAL WARNINGS AND SAFETY INSTRUCTIONS
COULD
RESULT IN SERIOUS BODILY INJURY OR DEATH. IN ADDITION, FAILURE TO
FOLLOW THESE
INSTRUCTIONS MAY VOID THE PRODUCT WARRANTY AND COULD
BECOME A BASIS FOR LIABILITY ON THE PART OF THE VEHICLE OPERATOR IN THE EVENT OF AN
ACCIDENT WHICH RESULTS IN INJURY TO PERSONS OR PROPERTY. UNDER NO CIRCUMSTANCES
WILL GROM OR ITS IMMEDIATE AGENTS OR PRINCIPALS, BE LIABLE, FOR DAMAGES INCURRED
TO THE PRODUCTS, THE VEHICLE OR ITS PASSENGERS, OR OTHER THIRD-PARTIES AS A RESULT
OF FAILURE TO FOLLOW GROM INSTALLATION INSTRUCTIONS.
4.3 3 DISCLAIMER AND LIMITATION OF WARRANTIES.
(A)
EXCEPT AS OTHERWISE CONTAINED HEREIN
, the
PRODUCTS
and related documentation are
provided to you, “AS IS”. IN NO EVENT SHALL GROM BE LIABLE FOR
ANY DAMAGES, CLAIM OR
LOSS INCURRED BY YOU (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. THE TERM ‘INCIDENTAL DAMAGES’ REFERS
TO THE EXPENSES OF TRANSPORTING THE PRODUCTS TO THE GROM AUDIO SERVICE CENTER,
LOSS OF THE END-USERS [ORIGINAL PURCHASER’S] TIME, LOSS OF THE USE OF THE PRODUCT,
BUS FARES, CAR RENTALS OR OTHER COSTS RELATED TO THE CARE AND CUSTODY OF THE
PRODUCT. THE TERM ‘CONSEQUENTIAL DAMAGES’ REFERS TO THE COST OF
REPAIRING OR
REPLACING
OTHER PROPERTY, WHICH IS
DAMAGED WHEN THIS PRODUCT DOES NOT WORK PROPERLY, RESULTING FROM THE USE OR
INABILITY TO USE THE PRODUCTS, INCLUDING ANY DAMAGES INCURRED DUE TO THE
NEGLIGENT OPERATION OF A MOTOR VEHICLE, IN CONJUNCTION WITH THE USE OF SAID