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SOFTWARE LICENSE AGREEMENT
READ THIS SOFTWARE LICENSE AGREEMENT
CAREFULLY BEFORE CLICKING ON THE "I AGREE" BOX OR
OPENING THE PACKAGE. YOU WILL BE BOUND BY ITS TERMS IF YOU BREAK THE
SEALED
PACKAGE.
IMPORTANT! The enclosed software is licensed and
may be used only on the condition that you as an individual end user
and licensee (hereinafter
referred to as "YOU") agree with bootix Technology GMBH (hereinafter
referred to as "Bootix") to the terms and conditions set forth
in the following Software License Agreement (hereinafter referred to
as "AGREEMENT"). If you do not agree to the terms contained
in this AGREEMENT, YOU must return this package UNOPENED to bootix, or
YOUR dealer within one week after you receive it, and YOUR license fee,
if any, will be refunded.
bootix will grant YOU a non-transferable, non-exclusive
license to use the enclosed software (the "Licensed Software") and the accompanying
documentation (the Licensed Software, the media embodying the Licensed
Software, and the documentation are referred to in this Agreement as
the "LICENSED MATERIALS"), if any, on one single computer if
YOU agree to the following terms and conditions:
1. TERM
This Agreement is effective from the date
on which YOU click the "I agree" box or open the package
containing the LICENSED MATERIALS. You may terminate the Agreement
at any time by destroying
the LICENSED MATERIALS. The AGREEMENT and YOUR license to use the LICENSED
MATERIALS will also terminate if YOU fail to comply with any term or
condition herein.
2. LICENSE
The license granted to YOU by bootix authorizes YOU to use
the Licensed Software on any one, single computer only. A separate license,
is required for any other computer on which YOU intend to use the Licensed
Software. YOU MAY NOT USE, COPY, OR MODIFY THE LICENSED MATERIALS, IN
WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.
3. OWNERSHIP
The LICENSED MATERIALS are the sole
and exclusive property of bootix and any company or a division thereof
which bootix controls
or is controlled by, or which may result from the merger or consolidation
with Bootix (hereinafter its "Affiliates") and/or its/their
software suppliers. By paying the fee required for this license, YOU
do not become the owner of the LICENSED MATERIALS, but are entitled to
use them according to the terms of this Agreement.
4. RESTRICTION AGAINST TRANSFER
YOU may not sublicense, assign, share,
sell, rent, lease, or otherwise transfer YOUr individual right to use
the LICENSED MATERIALS.
5. RESTRICTION AGAINST COPYING OR MODIFYING LICENSED MATERIALS
The
LICENSED MATERIALS are proprietary to and copyrighted by Bootix and its
Affiliates and/or its/their software suppliers. Except as expressly permitted
in this AGREEMENT, YOU may not copy or otherwise reproduce the LICENSED
MATERIALS. In no event does the limited copying or reproduction permitted
under this AGREEMENT include the right to decompile, disassemble, electronically
transfer, or reverse engineer the licensed Software, or to translate
the Licensed Software into another computer language.
6. PROTECTION AND SECURITY
YOU agree to use YOUr best efforts and
take all reasonable steps to safeguard the LICENSED MATERIALS to ensure
that no unauthorized personnel shall have access thereto and that no
unauthorized copy, publication, disclosure, or distribution, in whole
or in part, in any form shall be made, and YOU agree to notify Bootix
of any unauthorized use thereof. You acknowledge that the LICENSED
MATERIALS contain valuable confidential information and trade secrets,
and that unauthorized use, copying and/or disclosure thereof are harmful
to Bootix or its Affiliates and/or its/their software suppliers. YOU
agree that in the event of a breach of this Agreement, Bootix shall
be entitled in monetary damages and its reasonable attorneys' fees
and costs in enforcing this Agreement, and injunctive relief to restrain
such breach.
7. ESPECIALLY FOR THE UNITED STATES OF AMERICA GOVERNMENT
RESTRICTED RIGHTS
The enclosed Product (a) was developed solely at
private expense;
(b) contains "restricted computer software" submitted with
restricted rights in accordance with section 52.227-19 (a) through (d)
of the commercial Computer Software-Restricted Rights Clause and its
successors, and (e) in all respects is proprietary data belonging to
bootix and/or its suppliers. For Department of Defense units, the Product
is licensed with the "Restricted Rights" as defined in the
DoD Supplement to the Federal Acquisition Regulations, Section 52.227-7013(e)(1)(b)
and its successors, and use, duplication, or disclosure by the Government
is subject to restrictions as set forth in subparagraph (c)(1)(ii) of
the Rights in Technical Data and Computer Software clause at 252.227-7013,
bootix Technology GmbH, Geranienstr. 19, 41466 NEUSS Germany.
8. LIMITED WARRANTY AND LIMITATION OF LIABILITY
The only warranty Bootix
makes to YOU in connection with this license of the LICENSED MATERIALS
is that the media, in any, on which the Licensed Software is recorded
will be replaced without charge, if in good faith determines that the
media and proof of payment of the license fee are returned to Bootix
or the dealer from whom it was obtained within ninety (90) days of the
date of payment of the license fee.
NEITHER BOOTIX NOR ITS AFFILIATES MAKES ANY OTHER
WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE
LICENSED SOFTWARE, AND IT IS
LICENSED "AS IS". THE WARRANTY AND REMEDY PROVIDED ABOVE ARE
EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH ARE EXPRESSLY
DISCLAIMED, AND STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON
OR FORM ARE VOID. ONLY TO THE EXTENT SUCH EXCLUSION OF IMPLIED WARRANTY(IES)
IS NOT PERMITTED BY LAW, THE DURATION OF ANY IMPLIED WARRANTY(IES) IS
LIMITED TO THE DURATION OF THE WARRANTY SET FORTH ABOVE. YOU ASSUME ALL
RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE LICENSED MATERIALS.
IN NO EVENT WILL BOOTIX OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE
CREATION, PRODUCTION, OR DELIVERY OF THE LICENSED MATERIALS BE LIABLE
FOR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
INCLUDING LOSS OF DATA OR PROFITS OR FOR INABILITY TO USE THE LICENSED
MATERIALS, TO ANY PARTY EVEN IF BOOTIX OR SUCH OTHER PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BOOTIX OR SUCH
OTHER PARTY'S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY
EXCEED THE LICENSE FEE YOU PAID FOR THE LICENSED MATERIALS.
YOU agree that this Agreement shall not be subject to the United Nations
Convention on the International Sale of Goods (UNCISG).
9. VIRUS CHECKING
Bootix has tested its software with current virus
checking technologies. However, because no anti-virus system is 100%
reliable, we strongly caution YOU to write protect and then verify that
the Software, prior to installation, is virus-free with an anti-virus
system in which YOU have confidence.
10. GENERAL
If any provision of this Agreement is determined to be
invalid or unenforceable under any applicable law, it shall be deemed
omitted and the remaining provision shall continue in full force and
effect. Bootix waiver of any right shall not constitute waiver of that
right in the future. This Agreement is to be governed by and constructed
in accordance with German laws, court shall be the one where the headquarters
of Bootix are located. Any notice to be sent to Bootix must be mailed
by certified mail to the following address:
Bootix Technology GmbH, Neutorstrasse 31, D-61250Usingen./Germany -
Attn: Manager, Legal Contracts
This Agreement constitutes the entire understanding between the parties
with respect to the subject matter hereof, and all prior written agreements,
representations, statements, and undertakings, oral or written, are hereby
expressly superseded and canceled.
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