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50 Appendix A. License and Warranty Information
Customer Remedies
SysKonnect's entire liability and your exclusive remedy shall be, at SysKonnect's option, either return of the price paid, or repair or replacement
of the SOFTWARE or HARDWARE that does not meet SysKonnect's Limited Warranty and which is returned to SysKonnect Inc. with a copy of
your receipt. This Limited Warranty is void if failure of the SOFTWARE or HARDWARE has resulted from accident, abuse, or misapplication.
Any replacement SOFTWARE will be warranted by SysKonnect Inc. only for the remainder of the original warranty period or 30 days, which-
ever is longer. Any replacement HARDWARE will be warranted for the remainder of the original warranty period or 6 months, whichever is
longer.
No other Warranties
SysKonnect Inc. disclaims all other warranties or liabilities with respect to the SOFTWARE, the HARDWARE, the accompanying Product Man-
ual(s) and other written materials and any other accessories.
No Liability for Consequential Damages
SysKonnect Inc. does not warrant the software and hardware for a specific application, nor does SysKonnect Inc. accept any consequential
damages due to the use of the hardware or software. SysKonnect Inc. and its suppliers shall not be liable for any other damages whatsoever
(including, without limitation, damages for loss of business profits, business interruption, loss of business information or data, property loss or
other financial loss), arising out of the use of or the inability to use this SysKonnect Inc. product, even if SysKonnect Inc. has been advised of
the possibility of such damages. In any case, SysKonnect's entire liability shall be limited to the amount actually paid by you for the product.
Other
This agreement is governed by the procedural and substantive laws of the State California, U.S.A. UN Trade Laws shall not be applicable in
any case.
Should individual stipulations of this Agreement be or become invalid, this invalid stipulation shall be replaced by a stipulation, which is as close
as possible to the invalid stipulation.
Should you have any questions concerning this Agreement, or if you desire to contact SysKonnect Inc. for any reason, please use the address
information enclosed in this product or write to: SysKonnect Inc., A Marvell®Company, 700 First Avenue, Sunnyvale, CA 94089.
U.S. Government Use
Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in FAR § 52.227-14 (June 1987) Alternate
III(g)(3) (June 1987), FAR § 52.227-19 (June 1987), or DFARS § 52.227-7013 (c)(1)(!!) (June 1988), as applicable. Contractor / Manufacturer is
SysKonnect, Inc., A Marvell®Company, 700 First Avenue, Sunnyvale, CA 94089.
Europe
Dear Customer,
if you acquired your SysKonnect product in EUROPE, the following license and purchase agreement applies to you: This is a legal agreement
between you, the end user and SysKonnect GmbH, incorporated in Ettlingen/Federal Republic of Germany.
SysKonnect License and Purchase Agreement
By opening the sealed disk package and taking possession of the hardware, you are agreeing to be bound by the terms of this Agreement. If
you do not agree to the terms of this Agreement, promptly return the unopened and unused disk package and hardware with the accompanying
items (including all written materials and other accessories) to the place of purchase for a full refund.
Grant of Software License
This SysKonnect License Agreement (License) permits you to use one copy of the SysKonnect software product acquired with this License
(“SOFTWARE”) on any single computer, provided the SOFTWARE is in use on only one computer at any time. If you have multiple Licenses for
the SOFTWARE, then at any time, you may have as many copies of the SOFTWARE in use as you have Licenses. The SOFTWARE is “in use”
on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g. hard disk or other storage
device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not “in use”.
If the anticipated number of users of the SOFTWARE will exceed the number of applicable Licenses, then you must have a reasonable mecha-
nism or process in place to assure that the number of persons using the SOFTWARE concurrently does not exceed the number of Licenses. If
the SOFTWARE is permanently installed on the hard disk or other storage device of a computer (other than a network server) and one person
uses that computer more than 80% of the time it is in use, then that person may also use the SOFTWARE on a portable or home computer.
Copyright
The SOFTWARE is owned by SysKonnect or its suppliers and is protected against copying by copyright laws, international treaty provisions
and other national laws.
If the SOFTWARE is not copy protected you may either make one copy of the SOFTWARE solely for backup or archival purposes, or transfer
the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes.
You may not copy the Product Manual(s) or written materials accompanying the SOFTWARE or HARDWARE.
Other Restrictions
You may not rent or lease the SOFTWARE or HARDWARE, but you may transfer your rights under this SysKonnect License and Purchase
Agreement on a permanent basis provided you transfer all copies of the SOFTWARE and all written materials, and the recipient agrees to the
terms of this Agreement. You may not reverse engineer, decompile or disassemble the SOFTWARE. Any transfer must include the most recent
update and all prior versions.