COPYRIGHT © 2006 MERIT INDUSTRIES, INC.
Grant Of License
10. Licensor grants to you a limited, non-exclusive license to distribute and/or use one
copy of the Software on a single Merit (“Machine”) accompanied by a single licensor
factory authorized security key. Licensor reserves the right to update versions of the
software and the content to the Machine as deemed appropriate by the Licensor.
You are entrusted to maintain and protect your single licensor factory authorized
security key, password, or other identification from being utilized by any third party,
and you agree to be responsible for any use of the Software provided herein by a
third party utilizing your identification. Licensor maintains the right to immediately
terminate your License for reasons related to misuse or other non-conformity with
the rules expressed herein. While Licensor does not routinely inspect Machines,
Licensor also reserves the right to inspect or audit the Software from time to time in
Licensor’s sole discretion. To the extent that Licensor’s access to the Software
requires that Licensor also gain access to a Machine in which the Software is
installed, you agree to promptly provide Licensor, when requested, with permission
and aid in Licensor gaining access to the Machine.
Disclaimers
11.
EXCEPT AS PROVIDED IN THE SECTION ENTITLED “LIMITED WARRANTY”, LICENSOR
MAKES NO OTHER PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER
EXPRESSED OR IMPLIED, REGARDING OR RELATING TO THE SOFTWARE OR
CONTENT THEREIN OR TO ANY OTHER MATERIAL FURNISHED OR PROVIDED TO
YOU PURSUANT TO THIS AGREEMENT OR OTHERWISE AND LICENSOR SPECIFICALLY
DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE WITH RESPECT TO SAID MATERIALS OR THE USE THEREOF.
TO THE MAXIMUM EXTENT ALLOWABLE BY LAW THE UNIFORM COMMERCIAL CODE
OR OTHER UNIFORM LAWS SHALL NOT APPLY TO THIS AGREEMENT.
Limitation on Liability
12. IN NO EVENT SHALL LICENSOR BE LIABLE UNDER ANY CLAIM, DEMAND OR ACTION
ARISING OUT OF OR RELATING TO THE SOFTWARE, ITS USE, INSTALLATION OR
LICENSOR’S PERFORMANCE OR LACK THEREOF UNDER THIS AGREEMENT FOR
ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
CLAIM, DEMAND OR ACTION. IN ADDITION, WITHOUT LIMITING THE FOREGOING, IN
ALL EVENTS THE REMEDIES AVAILABLE TO YOU SHALL BE LIMITED TO THE AMOUNT
PAID BY YOU TO LICENSOR FOR THE SOFTWARE.
13. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY
LOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF YOUR USE, MISUSE, BREACH OF THIS AGREEMENT OR
INABILITY TO USE THE SOFTWARE.
General
14. The validity and construction of this Agreement and of the rights and obligations herein
shall be determined and governed by the laws of the State of New York. By accepting
the terms of this Agreement, you acknowledge and accept that the courts of New
York, New York shall have exclusive jurisdiction and venue regarding any disputes
arising with regard to this Agreement or arising out of activity or misuse of the
Software.
15. Merit, in its sole discretion, may assign this agreement or any of its rights and
obligations hereunder.
16. If you have any questions concerning this Agreement or wish to contact Licensor for
any reason, please write: Merit Industries, Inc., 2525 State Road, Bensalem, PA
19020, USA.
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