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NOTICE
SOFTWARE END USER LICENSE AGREEMENT
THIS SOFTWARE END USER LICENSE AGREEMENT (THIS “AGREEMENT”) IS A LEGAL AND BINDING AGREEMENT BETWEEN
YOU (EITHER AN INDIVIDUAL OR ENTITY) AND MMD MONITORS & DISPLAYS NEDERLAND B.V., A DUTCH LIMITED LIABILITY
COMPANY, WITH ITS PRINCIPAL OFFICE AT PRINS BERNHARDPLEIN 200, 1097 JB AMSTERDAM, THE NETHERLANDS AND
ITS SUBSIDIARY COMPANIES (INDIVIDUALLY AND COLLECTIVELY "MMD"). THIS AGREEMENT GIVES YOU THE RIGHT TO USE
CERTAIN SOFTWARE (THE “SOFTWARE”) INCLUDING USER DOCUMENTATION IN ELECTRONIC FORM WHICH MAY HAVE
BEEN PROVIDED SEPARATELY OR TOGETHER WITH A MMD PRODUCT (THE DEVICE”). BY DOWNLOADING, INSTALLING OR
OTHERWISE USING THE SOFTWARE, YOU ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS
OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL
OR OTHERWISE USE THE SOFTWARE. IF YOU ACQUIRED THE SOFTWARE IN TANGIBLE MEDIA E.G. CD WITHOUT THE
OPPORTUNITY TO REVIEW THIS LICENSE AND DO NOT ACCEPT THESE TERMS, YOU MAY RECEIVE A FULL REFUND OF THE
AMOUNT, IF ANY, THAT YOU PAID FOR THE SOFTWARE IF YOU RETURN THE SOFTWARE UNUSED WITH PROOF OF PAYMENT
WITHIN 30 DAYS FROM THE DATE OF PURCHASE.
1. Grant of License.
This Agreement grants you a non-exclusive, nontransferable, non-sub licensable license to install and use,
on the Device, one (1) copy of the specified version of the Software in object code format as set out in the user documentation
solely for your personal use. The Software is "in use" when it is loaded into the temporary or permanent memory (i.e. RAM,
hard disk, etc.) of the Device.
2. Ownership.
The Software is licensed and not sold to you. This Agreement grants you only the right to use the Software, but
you do not acquire any rights, express or implied, in the Software other than those specified in this Agreement. MMD and its
licensors retain all right, title, and interest in and to the Software, including all patents, copyrights, trade secrets, and other
intellectual property rights incorporated therein. The Software is protected by copyright laws, international treaty provisions,
and other intellectual property laws. Therefore, other than as expressly set forth herein, you may not copy the Software without
prior written authorization of MMD, except that you may make one (1) copy of the Software for your back-up purposes only. You
may not copy any printed materials accompanying the Software, nor print more than one (1) copy of any user documentation
provided in electronic form, except that you may make one (1) copy of such printed materials for your back-up purposes only.
3. License Restrictions.
Except as provided otherwise herein, you shall not rent, lease, sublicense, sell, assign, loan, or
otherwise transfer the Software. You shall not, and you shall not permit any third party, to reverse engineer, decompile, or
disassemble the Software, except to the extent that applicable law expressly prohibits the foregoing restriction. You may not
remove or destroy any product identification, copyright notices, or other proprietary markings or restrictions from the Software.
All titles, trademarks, and copyright and restricted rights notices shall be reproduced on your back up copy of the Software. You
may not modify or adapt the Software, merge the Software into another program or create derivative works based upon the
Software.
4. Disclaimer
. THE SOFTWARE IS DESIGNED TO ASSIST YOU IN TRANSFERRING MATERIAL IN WHICH YOU OWN THE
COPYRIGHT OR HAVE OBTAINED PERMISSION TO GRAB AND TRANSFER FROM THE COPYRIGHT OWNER. UNLESS YOU OWN
THE COPYRIGHT OR HAVE PERMISSION TO GRAB AND TRANSFER FROM THE COPYRIGHT OWNER, YOU MAY BE VIOLATING
COPYRIGHT LAW AND BE SUBJECT TO PAYMENT OF DAMAGES AND OTHER REMEDIES. IF YOU ARE UNCERTAIN ABOUT
YOUR RIGHTS, YOU SHOULD CONTACT YOUR LEGAL ADVISOR. YOU ASSUME FULL RESPONSIBILITY FOR THE LEGAL AND
RESPONSIBLE USE OF THE SOFTWARE
5. Open Source Software.
(a)
This software may contain components that are subject to open-source terms, as stated in the
documentation accompanying the Device. This Agreement does not apply to this software as such.
(b)
Your license rights under
this Agreement do not include any right or license to use, distribute or create derivative works of the Software in any manner
that would subject the Software to Open Source Terms. "Open Source Terms" means the terms of any license that directly or
indirectly (1) create, or purport to create, obligations for MMD with respect to the Software and/or derivative works thereof; or
(2) grant, or purport to grant, to any third party any rights or immunities under intellectual property or proprietary rights in the
Software or derivative works thereof.
6. Termination.
This Agreement shall be effective upon installation or first use of the Software and shall terminate (i) at the
discretion of MMD, due to your failure to comply with any term of this Agreement; or (ii)
upon destruction of all copies of
the Software and related materials provided to you by MMD hereunder. MMD’s rights and your obligations shall survive the
termination of this Agreement.
7. Upgrades.
MMD may, at its sole option, make upgrades to the Software available by general posting on a website or by any
other means or methods. Such upgrades may be made available pursuant to the terms of this Agreement or the release of such
upgrades to you may be subject to your acceptance of another agreement.
8. Support Services.
MMD is not obligated to provide technical or other support (“Support Services”) for the Software. If MMD
does provide you with Support Services, these will be governed by separate terms to be agreed between you and MMD.
9. Limited Software Warranty.
MMD provides the Software ‘as is’ and without any warranty except that the Software will
perform substantially in accordance with the documentation accompanying the Software for a period of one year after your
first download, installation or use of the Software, whichever occurs first. MMD’s entire liability and your exclusive remedy
for breach of this warranty shall be, at MMD’s option, either (i) return of the price paid by you for the Software (if any); or (ii)
repair or replacement of the Software that does not meet the warranty set forth herein and that is returned to MMD with a copy
