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COPYRIGHT © 2006 MERIT INDUSTRIES, INC.
Grant Of License
10. Licensor grants to you a limited, non-exclusive license to distribute and/or use one
copy of the Software on a single Merit (“Machine”) accompanied by a single licensor
factory authorized security key. Licensor reserves the right to update versions of the
software and the content to the Machine as deemed appropriate by the Licensor. You
are entrusted to maintain and protect your single licensor factory authorized security
key, password, or other identification from being utilized by any third party, and you
agree to be responsible for any use of the Software provided herein by a third party
utilizing your identification. Licensor maintains the right to immediately terminate your
License for reasons related to misuse or other non-conformity with the rules expressed
herein. While Licensor does not routinely inspect Machines, Licensor also reserves
the right to inspect or audit the Software from time to time in Licensor’s sole discretion.
To the extent that Licensor’s access to the Software requires that Licensor also gain
access to a Machine in which the Software is installed, you agree to promptly provide
Licensor, when requested, with permission and aid in Licensor gaining access to the
Machine.
Disclaimers
11. EXCEPT AS PROVIDED IN THE SECTION ENTITLED “LIMITED WARRANTY”,
LICENSOR MAKES NO OTHER PROMISES, REPRESENTATIONS OR
WARRANTIES, WHETHER EXPRESSED OR IMPLIED, REGARDING OR RELATING
TO THE SOFTWARE OR CONTENT THEREIN OR TO ANY OTHER MATERIAL
FURNISHED OR PROVIDED TO YOU PURSUANT TO THIS AGREEMENT OR
OTHERWISE AND LICENSOR SPECIFICALLY DISCLAIMS ALL IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE WITH RESPECT TO SAID MATERIALS OR THE USE THEREOF. TO
THE MAXIMUM EXTENT ALLOWABLE BY LAW THE UNIFORM COMMERCIAL CODE
OR OTHER UNIFORM LAWS SHALL NOT APPLY TO THIS AGREEMENT.
Limitation on Liability
12. IN NO EVENT SHALL LICENSOR BE LIABLE UNDER ANY CLAIM, DEMAND OR
ACTION ARISING OUT OF OR RELATING TO THE SOFTWARE, ITS USE,
INSTALLATION OR LICENSOR’S PERFORMANCE OR LACK THEREOF UNDER
THIS AGREEMENT FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, WHETHER OR NOT LICENSOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH CLAIM, DEMAND OR ACTION. IN
ADDITION, WITHOUT LIMITING THE FOREGOING, IN ALL EVENTS THE REMEDIES
AVAILABLE TO YOU SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO
LICENSOR FOR THE SOFTWARE.
13. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR DAMAGES, INCLUDING
ANY LOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE, MISUSE, BREACH
OF THIS AGREEMENT OR INABILITY TO USE THE SOFTWARE.
General
14. The validity and construction of this Agreement and of the rights and obligations herein
shall be determined and governed by the laws of the State of New York. By accepting
the terms of this Agreement, you acknowledge and accept that the courts of New York,
New York shall have exclusive jurisdiction and venue regarding any disputes arising
with regard to this Agreement or arising out of activity or misuse of the Software.
15. Merit, in its sole discretion, may assign this agreement or any of its rights and obligations
hereunder.
16. If you have any questions concerning this Agreement or wish to contact Licensor for
any reason, please write: Merit Industries, Inc., 2525 State Road, Bensalem, PA 19020,
USA.
PM0599-03 MOD BOX INSTALLATION & OWNER’S MANUAL 58