Eula
END-USER LICENSE AGREEMENT (EULA)
IMPORTANT. READ CAREFULLY. THIS
ENGLISH
1.Grant of License. Subject to the restrictions defined in this Agreement, You are permitted to use the Software solely as a part of and in connection with your use of the Product for personal entertainment and enjoyment purposes.
2.License Restrictions. You will not, or assist or direct any third person to: (i) extract, separate, remove or otherwise copy the Software; (ii) disassemble, decompile, reverse engineer or otherwise convert any part of the Software to source code or a
3.Ownership of Software. The Software consists of Harman’s proprietary software and software obtained from
4.Termination. This Agreement is effective until termi- nated by Harman. Your rights to use the Product and Software will automatically terminate, with or without notice, upon any violation or breach of this Agreement by You, in which case you will immedi- ately stop all use of the Product and Software..
5.SEPARATE LIMITED WARRANTY. HARMAN OFFERS A LIMITED WARRANTY TO YOU FOR YOUR USE OF THE PRODUCT AS DEFINED BY THE HARMAN LIM- ITED WARRANTY INCLUDED WITH THE PRODUCT (“LIMITED WARRANTY”). THIS AGREEMENT DOES NOT CONTAIN OR CONSTITUTE A NEW OR SEPA- RATE WARRANTY REGARDING THE PRODUCT OR
SOFTWARE AND DOES NOT MODIFY OR EXTEND THE LIMITED WARRANTY. THIS AGREEMENT DOES NOT: (I) PROVIDE YOU ANY ADDITIONAL REME- DIES; OR (II) CONSTITUTE A MODIFICATION OR EXTENSION OF THE REMEDIES AVAILABLE TO YOU AS SET FORTH IN THE LIMITED WARRANTY.
6.DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HAR- MAN PROVIDES THE SOFTWARE “AS IS” AND WITHOUT WARRANTY. HARMAN DISCLAIMS ALL COMMON LAW AND STATUTORY WARRANTIES AS TO THE CONDITION, QUALITY, FITNESS, MAINTE- NANCE AND USE OF THE SOFTWARE, INCLUDING AND WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICU- LAR PURPOSE OR
7.LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HARMAN, INCLUDING ITS PARENT COMPANY, AFFILIATES, EQUITY HOLDERS, DIREC- TORS, OFFICERS, EMPLOYEES AND AGENTS, OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD- PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, REMOTE, EXEMPLARY, PUNITIVE OR CONSEQUEN- TIAL DAMAGES, INCLUDING AND WITHOUT LIMI- TATION, COSTS OF PROCUREMENT OF SUBSTI- TUTE OR REPLACEMENT PRODUCTS, LOSS OF INFORMATION, DATA OR CONTENT, LOSS OF REV- ENUE OR PROFITS OR ATTORNEY’S FEES, ARISING FROM OR CAUSED BY, DIRECTLY OR INDIRECTLY, THE SALE OR USE OF OR INABILITY TO USE THE SOFTWARE OR PRODUCT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE AT LAW OR IN EQUITY, EVEN IF HARMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITA- TION SHALL BE EFFECTIVE EVEN IF ANY REMEDY IN THIS AGREEMENT OR OTHERWISE PROVIDED BY HARMAN FAILS OF ITS ESSENTIAL PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HARMAN’S TOTAL AND AGGRE- GATE LIABILITY FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT OR ARISING FROM THE SOFT- WARE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AT LAW OR IN EQUITY, EXCEED THE PURCHASE PRICE OF THE PRODUCT.
8.Irreparable Harm. You agree that Your breach or threatened breach of any provision of this Agreement will cause irreparable harm to Harman for which a remedy at law would be inadequate. Harman is entitled to seek all available remedies at law and in equity, including injunctive relief, to enforce any provision of this Agreement and to restrain You from adapting, disclosing, distributing, modifying, publishing, transferring, using or other- wise disposing of the Software, in whole or in part, directly or indirectly, in breach of this Agreement.
9.U.S. Government Restricted Rights. Use, duplication and disclosure by the U.S. Government is subject to restrictions set forth in this Agreement.
10.Export Restrictions. You will obey the laws and reg- ulations of the United States governing exports and
11.Governing Law. This Agreement shall be governed by and construed in accordance with the substan- tive laws of the state of New York, excluding all applicable laws pertaining to conflicts of law and the United Nations Convention on Contracts for the International Sale of Goods.
12.Limitation of Transfer. The Software and this license to use the Software is transferable, provided that:
(i)all Software updates are included in the transfer;
(ii)You do not retain
a copy of the Software; (iii) You transfer the Software upon and as an intact part of a perma- nent and permissible transfer of the Product; and
(iv) the transferee agrees to be bound by the terms and conditions of this Agreement in connection with the use of the Product. The terms and condi- tions of this Agreement will bind and inure to the benefit of such permitted transferees.
13.Survival. Sections 3, 4, 6, 7, 11 and 13 will survive the termination and expiration of
this Agreement.
14.Entire Agreement. This Agreement is the complete and final agreement between You and Harman with respect to the subject matter of this Agreement. To the extent that any terms of any Harman policies or programs for support services conflict with the terms of this Agreement, the terms of this Agreement shall control.
15.Severability. If any court or other tribunal of compe- tent jurisdiction finds or holds any
provision of this Agreement to be void, invalid, ille- gal or otherwise unenforceable the remaining pro- visions of this Agreement will remain in full force and effect.
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