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Operator Manual
15
OPPORTUNITY OR PROFITS, COST OF COVER OR
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
INDIRECT DAMAGES, EVEN IF YOU ADVISE THE
COMPANY OF THE POSSIBILITY OF SUCH DAMAGES.
THIS IS A FUNDAMENTAL TERM OF THIS AGREEMENT
AND YOU ACKNOWLEDGE THAT THE AMOUNT YOU
PAID FOR THE SOFTWARE AND/OR THE PRODUCT
REFLECTS THIS ALLOCATION OF RISK. NOTHING IN
THIS PARAGRAPH PURPORTS TO EXCLUDE OR LIMIT
THE COMPANY'S LIABILITY FOR DEATH OR PERSONAL
INJURY CAUSED BY NEGLIGENCE OR ANY OTHER
LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED
BY LAW.
5.
Other Third-Party Computer Programs
: As
referred to herein, the term "Software" refers only to
proprietary Midas™ or Klark Teknik™ software, owned
by the Company, that has been provided to you for
installation on, or already installed in, a Product. In
addition to the Software, you may have also been
provided, at no additional charge, with a version of the
widely-available GNU Linux Operating System, which is
a modular operating system made up of hundreds of
individual software components, each of which was
written, and the copyright and other rights in which
are owned individually, by various parties (collectively,
"the GNU Linux Programs"). Each component has its
own applicable end user licence agreement, and many
of these agreements permit you to copy, modify, and
redistribute the applicable software, but you must
review the on-line documentation that shares a
directory or otherwise accompanies each of the GNU
Linux Programs provided to you for the specific terms
and conditions. Nothing in this Licence limits your
rights under, or grants you rights that supersede, the
terms of any other applicable end user licence
agreement. If you wish to receive a computer-
readable copy of the source code for any of the GNU
Linux Programs that have been provided with your
Midas™ or Klark Teknik™ Product, send a cheque or
money order (no cash accepted), your address and
[£10.00] to cover the cost of optical media, postage
and handling, to:
MUSIC Group Research UK Limited
ATTN: Linux Programs CD for Midas™/Klark Teknik™
Walter Nash Road,
Kidderminster.
Worcestershire.
DY11 7HJ.
England.
In your request, indicate your Product's name and
model number, serial number and version/release
information. In your request, also indicate the
relevant Software version/release information. This
offer, made pursuant to the GNU Linux Programs' end
user licence agreements, may expire according to the
terms of those agreements, in which case your cheque
will be returned to you or destroyed at our option.
Please note that the GNU Linux Programs that may be
available to you under this offer consists of the GNU
Linux Operating System components only and none of
the proprietary application software developed by
Midas or Klark Teknik is included.
Other updated Linux
distributions containing application software are widely
available from a variety of Internet sources, and are
often available at minimal or no cost.
6.
Termination
: This Licence will terminate
immediately if you violate any of the Licence terms.
Upon termination you must discontinue use of the
Software, and either destroy, erase or return to
Company all copies of the Software in your possession,
custody or control, including those in or on the
Product.
7.
General
: This Licence constitutes the entire
agreement between you and the Company with
respect to this Software and, save in the case of fraud,
supersedes any other communication (including
advertising). Company reserves all rights not
expressly granted to you in this licence. If any
provision of this Licence is held unenforceable, that
provision shall be enforced to the maximum extent
permissible so as to give effect the intent of this
Licence, and the remainder of this Licence shall
continue in full force and effect. This Licence shall be
governed by English law and the Courts of England
and Wales will have exclusive jurisdiction to hear and
decide any dispute concerning it or its formation. No
breach by you of any provision of this Licence shall be
waived or discharged except with the express written
consent of the Company and no failure or delay by the
Company to exercise any of its rights under this
Licence shall operate as a waiver thereof and no single
or partial exercise of any such right shall prevent any
other or further exercise of that or any other right.
You acknowledge that the Company could be
irreparably damaged if the terms of this Licence were
not specifically enforced, and agree that the Company
may seek appropriate equitable remedies with respect
to breaches of this Licence, including injunctive relief,
in addition to such other remedies as the Company
may otherwise have available to it under applicable
laws.
GNU General Public License (GPL)
For details of the Third Party Software License
Attribution, Copyright and Terms and Conditions and
Notices, and the GNU LESSER GENERAL PUBLIC
LICENSE, see the Midas Digital Equipment GNU
General Public License (GPL) Booklet part number
DOC04-GPL.
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