SOFTWARE LICENSE AGREEMENT
IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO ITS TERMS. IF YOU DO NOT AGREE, RETURN THE PRODUCT COMPLETE TO AUBURN ELECTRONICS GROUP WITHIN 10 DAYS OF THE DATE YOU AQUIRED IT, FOR A FULL REFUND. THIS LICENSE AGREEMENT IS YOUR PROOF OF LICENSE. PLEASE TREAT IT AS VALUABLE PROPERTY.
Auburn Electronics Group ("we" or "us") provides you with storage media containing a computer program (the "Program"), user manual, License (the "License"), and accompanying documents (together called the "Product") and grants you a license to use the Product in accordance with the terms of this License. The copyright and all other rights in the Product shall remain with us or our suppliers. You must reproduce any copyright or other notice marked on the Product on all copies you make.
B. YOU MAY:
C. YOU MAY NOT:
This License shall continue for as long as you use the Product. However, it will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Product. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.
We warrant that the storage media in this Product will be free from defects in materials and workmanship for ninety (90) days from the date you acquire it. If such a defect occurs, return it to us and we will replace it free. This remedy is your exclusive remedy for breach of this warranty. It gives you certain rights and you may have other legislated rights which vary from jurisdiction to jurisdiction.
F. LIMITATION OF WARRANTIES AND LIABILITY
Except for the express warranty above, the Product is provided on an "AS IS" basis, without any other warranties, or conditions, express or implied, including but not limited to warranties of merchantable quality, merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade or course of dealing. The entire risk as to the results and performance of the Product is assumed by you. Neither we nor our dealers or suppliers shall have any liability to you or any other person or entity for any indirect, incidental, special or consequential damages whatsoever, including but not limited to loss of revenue or profit, lost or damaged data or other commercial or economical loss, even if we have been advised of the possibility of such damages or they are foreseeable; or for claims by a third party. Our maximum aggregate liability to you, and that of our dealers and suppliers shall not exceed the amount paid by you for the Product. The limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term, or a fundamental breach. Some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages so the above limitation may not apply to you.
This License is the entire agreement between us, supersedes any other agreement or discussions, oral or written and may not be changed except by a written signed agreement. This License shall be governed by and construed in accordance with the laws of the State of California.