DISCLAIMER / END USER LICENSE AGREEMENT
This is a legal Agreement between you, the end user, andDunes Multimedia. By opening this sealed media package and/or by using the Software, you are agreeing to be bound by the terms of this Agreement.
GRANT OF LICENSE.
Dunes Multimediagrants you the right to use one (1) copy of the enclosed Dunes Multimedia software program and accompanying documentation (together with any upgrades supplied by Dunes Multimedia, the "Software") according to the conditions specified below. All rights not expressly granted herein are reserved by Dunes Multimedia, its suppliers, licensors, or successors.
a. Install the Software on only one computer or workstation;
b. make no more than one (1) copy of the Software in machine readable form, solely for back-up purposes, provided that you reproduce all proprietary notices on the copy; and
c. physically transfer the Software from one computer to another, provided that the Software is used on only one computer at a time, and within a usage area to be less than one kilometer in radius.
YOU MAY NOT:
a. Use the Software on more than one computer or workstation at a time;
b. modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, or copy (except to create the back-up copy) the Software;
c. rent, lend, transfer, distribute, or grant any rights in the Software in any form to any person without the written consent of Dunes Multimedia;
d. remove any proprietary notices, labels, or marks from the Software; or
e. operate the Software on networks where two client nodes using Dunes Multimedia products of this type are greater than two (2) kilometers from each other (WAN).
Any upgrades to the Software may only be used in conjunction with the prior version of the Software.
LIMITED WARRANTY AND DISCLAIMER.
The Software is being delivered to you "AS IS" andDunes Multimedia makes no warranty as to its use or performance. Dunes Multimedia makes, and you receive, no warranties or conditions, express, implied, statutory, or otherwise, and Dunes Multimedia specifically disclaims any implied warranties of merchantability, noninfringement and fitness for a particular purpose. Dunes Multimedia does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free. You assume the responsibility for the selection of your requirements, software, and hardware to achieve your intended results; for installation; for use; and that the operations of the Software will be uninterrupted or error free.
This license is not a sale. Title and copyrights to the Software and accompanying documentation, including the enclosed copies and any copy made by you, remain withDunes Multimedia or its suppliers, licensors, or successors.
LIMITATION OF LIABILITY.
Dunes Multimediasliability arising out of this Agreement shall not exceed the amounts paid by you to obtain the Software. In no event will Dunes Multimedia be liable for any loss of data, lost opportunity of profits, cost of cover, or special, incidental, consequential, or indirect damages arising from the use of the Software in this Agreement, however caused and on any theory of liability. Damage which arise from improper use of the equipment or external causes, such as defects in communication lines or in the power supply, or connections with and/or use of equipment, software or materials shall not be part of Dunes Multimedia obligations. These limitations will apply even if Dunes Multimedia or an authorized dealer has been advised of the possibility of such damage, and notwithstanding any failure of essential purpose of any limited remedy. You acknowledge that the amount paid for the Software reflects this allocation of risk.
This Agreement is effective until terminated. You may terminate this Agreement at any time by removing from your system and destroying all copies of the Software and the accompanying documentation. Unauthorized copying of the software or the accompanying documentation or otherwise failing to comply with the terms and conditions of this Agreement will result in automatic termination of this Agreement and will make available toDunes Multimedia other legal remedies. Upon termination of this Agreement, the license granted herein will terminate and you must immediately destroy the Software and accompanying documentation, and all back-up copies thereof.
This is the entire Agreement between the parties relating to the subject matter hereof and no waiver or modification of the Agreement shall be valid unless signed by each party. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect. All disputes arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally settled under the Rules of Arbitration of the Dutch Abitration Institute in Rotterdam (Nederlands Arbitrage Instituut), which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat of arbitration shall be Arnhem, the Netherlands. The language to be used in the arbitration proceeding shall be English. The governing law of the Agreement shall be the laws of the Netherlands.
Any notice to be given hereunder shall be in writing and shall be effective when received. Such notice shall be sent by first class mail, postage prepaid and marked for delivery by Certified or Registered mail, return receipt requested, or other form of receipted delivery, addressed totDunes Multimedia as follows: