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NOTICE
SOFTWARE END USER LICENSE AGREEMENT
THIS SOFTWARE END USER LICENSE AGREEMENT (THIS “AGREEMENT”) IS A LEGAL AND BINDING AGREEMENT
BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) AND MMD MONITORS & DISPLAYS NEDERLAND B.V., A
DUTCH LIMITED LIABILITY COMPANY, WITH ITS PRINCIPAL OFFICE AT PRINS BERNHARDPLEIN 200, 1097 JB
AMSTERDAM, THE NETHERLANDS AND ITS SUBSIDIARY COMPANIES (INDIVIDUALLY AND COLLECTIVELY "MMD").
THIS AGREEMENT GIVES YOU THE RIGHT TO USE CERTAIN SOFTWARE (THE “SOFTWARE”) INCLUDING USER
DOCUMENTATION IN ELECTRONIC FORM WHICH MAY HAVE BEEN PROVIDED SEPARATELY OR TOGETHER WITH A
MMD PRODUCT (THE DEVICE”). BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU
ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO
NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL OR OTHERWISE USE THE
SOFTWARE. IF YOU ACQUIRED THE SOFTWARE IN TANGIBLE MEDIA E.G. CD WITHOUT THE OPPORTUNITY TO
REVIEW THIS LICENSE AND DO NOT ACCEPT THESE TERMS, YOU MAY RECEIVE A FULL REFUND OF THE AMOUNT,
IF ANY, THAT YOU PAID FOR THE SOFTWARE IF YOU RETURN THE SOFTWARE UNUSED WITH PROOF OF
PAYMENT WITHIN 30 DAYS FROM THE DATE OF PURCHASE.
1. Grant of License. This Agreement grants you a non-exclusive, nontransferable, non-sub licensable license to
install and use, on the Device, one (1) copy of the specified version of the Software in object code format as set
out in the user documentation solely for your personal use. The Software is "in use" when it is loaded into the
temporary or permanent memory (i.e. RAM, hard disk, etc.) of the Device.
2. Ownership. The Software is licensed and not sold to you. This Agreement grants you only the right to use the
Software, but you do not acquire any rights, express or implied, in the Software other than those specified in this
Agreement. MMD and its licensors retain all right, title, and interest in and to the Software, including all patents,
copyrights, trade secrets, and other intellectual property rights incorporated therein. The Software is protected by
copyright laws, international treaty provisions, and other intellectual property laws. Therefore, other than as
expressly set forth herein, you may not copy the Software without prior written authorization of MMD, except
that you may make one (1) copy of the Software for your back-up purposes only. You may not copy any printed
materials accompanying the Software, nor print more than one (1) copy of any user documentation provided in
electronic form, except that you may make one (1) copy of such printed materials for your back-up purposes only.
3. License Restrictions. Except as provided otherwise herein, you shall not rent, lease, sublicense, sell, assign,
loan, or otherwise transfer the Software. You shall not, and you shall not permit any third party, to reverse
engineer, decompile, or disassemble the Software, except to the extent that applicable law expressly prohibits the
foregoing restriction. You may not remove or destroy any product identification, copyright notices, or other
proprietary markings or restrictions from the Software. All titles, trademarks, and copyright and restricted rights
notices shall be reproduced on your back up copy of the Software. You may not modify or adapt the Software,
merge the Software into another program or create derivative works based upon the Software.
4. Disclaimer. THE SOFTWARE IS DESIGNED TO ASSIST YOU IN TRANSFERRING MATERIAL IN WHICH YOU OWN THE
COPYRIGHT OR HAVE OBTAINED PERMISSION TO GRAB AND TRANSFER FROM THE COPYRIGHT OWNER. UNLESS
YOU OWN THE COPYRIGHT OR HAVE PERMISSION TO GRAB AND TRANSFER FROM THE COPYRIGHT OWNER, YOU
MAY BE VIOLATING COPYRIGHT LAW AND BE SUBJECT TO PAYMENT OF DAMAGES AND OTHER REMEDIES. IF YOU
ARE UNCERTAIN ABOUT YOUR RIGHTS, YOU SHOULD CONTACT YOUR LEGAL ADVISOR. YOU ASSUME FULL
RESPONSIBILITY FOR THE LEGAL AND RESPONSIBLE USE OF THE SOFTWARE
5. Open Source Software. (a) This software may contain components that are subject to open-source terms, as
stated in the documentation accompanying the Device. This Agreement does not apply to this software as such. (b)
Your license rights under this Agreement do not include any right or license to use, distribute or create derivative
works of the Software in any manner that would subject the Software to Open Source Terms. "Open Source
Terms" means the terms of any license that directly or indirectly (1) create, or purport to create, obligations for
MMD with respect to the Software and/or derivative works thereof; or (2) grant, or purport to grant, to any third
party any rights or immunities under intellectual property or proprietary rights in the Software or derivative works
thereof.
6. Termination. This Agreement shall be effective upon installation or first use of the Software and shall
terminate (i) at the discretion of MMD, due to your failure to comply with any term of this Agreement; or (ii) upon
destruction of all copies of the Software and related materials provided to you by MMD hereunder. MMD’s rights
and your obligations shall survive the termination of this Agreement.
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