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AE77568,0000026 -19-06MAR15-1/4
SOFTWARE TERMS AND CONDITIONS
IMPORTANT -- READ CAREFULLY: THIS SOFTWARE
LICENSE AGREEMENT IS A LEGAL CONTRACT
BETWEEN YOU AND THE LICENSOR ("LICENSOR")
IDENTIFIED BELOW AND GOVERNS YOUR USE OF
THE SOFTWARE DELIVERED TO YOUR MACHINE
(THE “MACHINE”).
BY INDICATING YOUR ACCEPTANCE ON A DISPLAY
ON THE MACHINE, BY INSTALLING SOFTWARE
TO THE MACHINE, OR USING SOFTWARE ON THE
MACHINE, YOU ARE ACCEPTING AND AGREEING TO
THE TERMS OF THIS LICENSE AGREEMENT WITH
RESPECT TO THE SOFTWARE (THE "Software") THAT
IS DELIVERED TO YOUR MACHINE. YOU AGREE THAT
THIS SOFTWARE LICENSE AGREEMENT, INCLUDING
THE WARRANTY DISCLAIMERS, LIMITATIONS OF
LIABILITY AND TERMINATION PROVISIONS BELOW,
IS BINDING UPON YOU, AND UPON ANY COMPANY
ON WHOSE BEHALF YOU USE THE SOFTWARE
AS WELL AS THE EMPLOYEES OF ANY SUCH
COMPANY (COLLECTIVELY REFERRED TO AS
"YOU" IN THIS SOFTWARE LICENSE AGREEMENT).
IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT, OR IF YOU ARE NOT AUTHORIZED
TO ACCEPT THESE TERMS ON BEHALF OF YOUR
COMPANY OR ITS EMPLOYEES, PLEASE CLICK THE
[Decline] ICON ON THE DISPLAY ON THE MACHINE
TO DECLINE THESE TERMS AND CONDITIONS.
THIS LICENSE AGREEMENT REPRESENTS THE
ENTIRE AGREEMENT CONCERNING THE SOFTWARE
BETWEEN YOU AND THE LICENSOR.
1. Delivery of Software.
Software may be delivered to
your Machine by Licensor wirelessly or via an agent of
Licensor, such as a dealer. If it is delivered wirelessly,
you may be responsible for any data transmission fees
incurred due to such delivery.
2. License.
Licensor hereby grants to you, and you
accept, a nonexclusive license to use the Software in
machine-readable, object code form, only as authorized
in this License Agreement and the applicable provisions
of the Operators' Manuals, which you agree to review
carefully prior to using the Software. The Software may
be used only on the Machine to which it was initially
delivered. You agree that you will not assign, sublicense,
transfer, pledge, lease, rent, or share your rights under
this License Agreement, except that you may permanently
transfer all of your rights under this License Agreement
in connection with the sale of the Machine on which the
Software covered by this Agreement is installed.
3. Licensor's Rights.
You acknowledge and agree that
the Software is proprietary to Licensor and is protected
under copyright law. You further acknowledge and agree
that all right, title, and interests in and to the Software,
including associated intellectual property rights, are and
shall remain with Licensor. This License Agreement does
not convey to you any title or interest in or to the Software,
but only a limited right of use revocable in accordance
with the terms of this License Agreement. You agree
that you will not: (a) reverse assemble, reverse compile,
modify, or otherwise translate the Software, or attempt to
defeat the copyright protection and application enabling
mechanisms therein; (b) copy or reproduce the Software;
or, (b) remove or obliterate any copyright, trademark or
other proprietary rights notices from the Software. You
also agree not to permit any third party acting under your
control to do any of the foregoing.
4. License Fees.
The license fees paid by you, if any, are
paid in consideration of the licenses granted under this
License Agreement.
5. Limited Warranty.
Licensor warrants, for your
benefit alone and not for the benefit of any other party,
that during the "
Warranty Period
" defined below, the
Software will operate substantially in accordance with the
applicable functional specifications ("
Specifications
")
set forth in the Operators' Manuals. If, prior to expiration
of the Warranty Period, the Software fails to perform
substantially in accordance with the Specifications, you
may return the Machine to the place of purchase for
repair or replacement of the non-performing Software.
The Warranty Period is ninety (90) days from the date of
installation of the Software or the duration of the warranty
period of the component of the Machine on which the
Software is installed, whichever is longer. The Software
Warranty Period does not affect the warranty period of the
Machine itself or any component thereof.
6. DISCLAIMER OF WARRANTIES.
YOU HEREBY
AGREE THAT THE LIMITED WARRANTY PROVIDED
ABOVE (THE "
LIMITED WARRANTY
") CONSTITUTES
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY
PROBLEM WHATSOEVER WITH THE SOFTWARE.
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY,
THE SOFTWARE IS LICENSED “AS IS,” AND
LICENSOR, ITS AFFILIATES AND THIRD PARTY
SUPPLIERS EXPRESSLY DISCLAIM AND YOU
EXPRESSLY WAIVE, RELEASE AND RENOUNCE ALL
WARRANTIES ARISING BY LAW OR OTHERWISE
WITH RESPECT TO THE SOFTWARE, INCLUDING,
BUT NOT LIMITED TO: ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE; ANY IMPLIED WARRANTY ARISING
FROM COURSE OF PERFORMANCE, COURSE OF
DEALING OR TRADE USAGE; ANY WARRANTY OF
TITLE OR NON-INFRINGEMENT; AND, ANY OTHER
WARRANTY ARISING UNDER ANY THEORY OF
LAW, INCLUDING TORT, NEGLIGENCE, STRICT
LIABILITY, CONTRACT OR OTHER LEGAL OR
EQUITABLE THEORY. NO REPRESENTATION OR
OTHER AFFIRMATION OF FACT INCLUDING, BUT NOT
LIMITED TO, STATEMENTS REGARDING SUITABILITY
FOR USE, SHALL BE DEEMED TO BE A WARRANTY
BY LICENSOR OR ANY OF ITS AFFILIATES OR THIRD
PARTY SUPPLIERS. LICENSOR DOES NOT WARRANT
THAT THE SOFTWARE IS ERROR-FREE OR WILL
OPERATE WITHOUT INTERRUPTION.
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