Wyse Technology WintermTM 9000 Term, No Warranties, Limitation of Liability, Use Restrictions

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Term

This License becomes effective when you unpack and use the terminal. This License will terminate automatically if you fail to comply with any of its terms or conditions, including any attempt to modify the Software. Upon termination for any reason, you agree that you will destroy all copies of the Software and related material or return all such copies to Licensor.

No Warranties

The software and licensed components are provided to you, “AS IS,” with no warranties whatsoever. Licensor and all Third-Party Producers specifically disclaim all warranties, representations, or conditions, express or implied, including but not limited to, any implied warranty or condition of merchantability or fitness for a particular purpose. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

In no event shall licensor, any Third-Party Producer, or any other party that has been involved in the creation, production, or delivery of the software be liable for any direct, consequential, incidental, indirect, or special damages, including without limitation lost profits or losses resulting from business interruption or loss of data, regardless of the form of action or legal theory under which the liability may be asserted, even if advised of the possibility or likelihood of such damages. Licensor does not warrant that the functions contained in the product will meet your requirements or that the operation will be uninterrupted or error free. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Use Restrictions

You may not modify, decompile, disassemble, reverse engineer, or otherwise manipulate the Software so as to derive the source code, or for any other purpose, or create a derivative work of the Software. You acknowledge that a breach of this paragraph shall cause irreparable harm to Licensor and the Third-Party Producers and that Licensor and the Third-Party Producers shall be entitled to injunctive relief to prevent or remedy such breach.

Export

You agree that you will not knowingly export or transmit the Software, directly or indirectly, to any restricted countries or in any manner that would violate United States laws and regulations as shall, from time to time, govern the License and delivery of technology abroad by persons subject to the jurisdiction of the United States, including the Export Administration Act of 1979, as amended, and any export administration regulations issued thereafter.