Official Notices and Warranties

Software License Agreement

IMPORTANT—READ CAREFULLY: This Software License Agreement is a legal agreement between You and Pinnacle (or its suppliers). This System contains certain Pinnacle computer software (“Software”), associated media, printed materials, and electronic documentation. By using the Software, You agree to be bound by the terms of this Software License Agreement. If You do not agree to the terms of this Software License Agreement, Pinnacle is unwilling to license the Software to You. In such case, You may not use or copy the Software. This system also contains certain third party software, which is provided to You upon the condition that You agree to the terms outlined in the third party software licenses included with the materials shipped with the System.

License: Pinnacle grants to You a nonexclusive, personal, perpetual, nontransferable, limited license to use the installed Software exclusively on hardware on which Pinnacle has loaded the Software, or other hardware on which Pinnacle has authorized it to be loaded, but solely in connection with the operation of Your internal business, and not for the benefit of any third party. Such Software may only be enabled by Pinnacle or its authorized agent. Pinnacle and its licensors retain all right, title and interest in and to all Software, but title to the media on which the Software is delivered is transferred to You.

Restrictions: The Software is copyrighted and may contain material that is protected by patent, trade secret or other laws pertaining to proprietary rights. You may not copy the Soft- ware, except that it may make a single copy for archival purposes. You may not modify the Software or permit or assist any third party in doing so. You may not decompile, reverse engi- neer, disassemble, or otherwise reduce the Software to source code or other human-readable form, or attempt or permit any third party to do so. Any violation of this Software license shall be a material breach and shall immediately entitle Pinnacle to exercise any remedy that may exist at law or in equity.

Copyright: All title and copyrights in the Software (and any copies thereof) and the accom- panying printed materials are owned by Pinnacle. All rights not specifically granted under this Software License Agreement are reserved by Pinnacle.

Limited Warranty: Pinnacle warrants that (a) the Software will perform substantially in accordance with the published specifications for a period of one year from the date of receipt and (b) any Pinnacle hardware will be free from defects in materials and workmanship under normal use and service for a period of one year from the date of receipt.

This warranty will not apply to repair or replacement necessitated by accident, disaster, improper or inadequate maintenance, customer or customer-supplied interfacing or machines, unauthorized modifications or repairs, improper electrical current, misuse, abuse or improper installation. This warranty is personal to You and may not be assigned or transferred. Pinna- cle does not warrant that the Software will operate error-free.

THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY, EXPRESS, IMPLIED OR STATUTORY THAT PINNACLE MAKES WITH RESPECT TO