EVGA 200-LM-1700 Legal Information, Trademark Information, Software License Agreement, Rights

9.LEGAL INFORMATION

9.1Trademark Information

1)EVGA Corp., EVGA, the EVGA logo and combinations,

2)INTERVIEW and INTERVIEW in lower or cap combinations,

thereof are trademarks of EVGA Corp. All brand names, company names, service marks, logos, and trademarks of the company, or its affiliates or licensors are trademarks or registered trademarks of the company or its subsidiaries, affiliates or licensors in the US and other countries. Other company, products and service names may be trademarks or service marks of others. EVGA reserves the right to terminate this license if there is a violation of its terms or default by the Original Purchaser. Upon termination, for any reason, all copies of Software and materials must be immediately returned to EVGA and the Original Purchaser shall be liable to EVGA CORP for any and all damages suffered as a result of the violation or default.

9.2Software License Agreement

This EVGA software (the “software”) is copyrighted by EVGA CORP and is protected by US law. All rights reserved. The purchaser is granted a license to use the software only, subject to the following restrictions and limitations:

1)The license is for the original purchaser only, it is transferable so long as all items bundled with the software are transferred to the same individual as a sale (e.g. all software, manuals, hardware, etc.)

2)The original purchaser may use the software on a single computer owned or leased by the original purchaser. You may not use the software on more than a single machine, even if you own or lease more than one machine, without the written consent of EVGA

3)The original purchaser may make backup copies of the software for his or her own use only, subject to the use limitations of this license. The original purchaser may not engage in, nor permit third parties to engage in, any of the following:

- Providing or disclosing the software to third parties

- Providing use of the software in a computer service business, network, time-sharing network - Making alterations or copies of any kind in the software (except as permitted above)

- Attempting to un-assemble, de-compile or reverse engineer the software in any way - Granting sublicenses, leases, or rights in the software to others

- Making copies, or verbal or media translations, of the user’s guide - Making telecommunication data transmissions of the software

9.3Rights

ALL MATERIAL INCLUDING BUT NOT LIMITED TO, TEXT, DATA, DESIGN SPECIFICATIONS, DIAGNOSTICS, GRAPHICS, LOGOS, REFERENCE BOARDS, FILES, IMAGES, DRAWINGS, AND SOFTWARE INCLUDING THIS DOCUMENT AND THE SOFTWARE ITSELF (TOGETHER AND SEPARATELY) IS OWNED, CONTROLLED BY, LICENSED TO, OR USED WITH PERMISSION BY COMPANY AND IS PROTECTED BY COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY RIGHTS. ALL IS BEING PROVIDED “AS IS”, EVGA CORPORATION MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE MATERIALS AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE LIABILITY OF EVGA CORPORATION FOR CLAIMS ARISING FROM THE USE OF THE MATERIALS BY ANYONE EXCEED THE ORIGINAL PURCHASE PRICE OF THE MATERIALS (OR REPLACEMENT OF THE MATERIALS AT EVGA CORPORATION’S OPTION). ALL INFORMATION FURNISHED IS BELIEVED TO BE ACCURATE AND RELIABLE. HOWEVER, EVGA CORPORATION ASSUMES NO RESPONSIBILITY FOR THE CONSEQUENCES OF USE OF SUCH INFORMATION OR FOR ANY INFRINGEMENT OF PATENTS OR OTHER RIGHTS OF THIRD PARTIES THAT MAY RESULT FROM ITS USE, OR USE OF THE SOFTWARE. NO LICENSE IS GRANTED BY IMPLICATION OR OTHERWISE UNDER ANY PATENT OR PATENT RIGHTS OF EVGA CORPORATION EXCEPT AS EXPRESSLY PROVIDED HEREIN. ALL SPECIFICATIONS MENTIONED IN THIS PUBLICATION ARE SUBJECT TO CHANGE WITHOUT NOTICE.

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