Limitation on Liability

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.

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