ALK Technologies 11 manual Eula

07

EULA

END-USER LICENCE AGREEMENT FOR COPILOT® SOFTWARE

Please read the following agreement (“Licence”) carefully.

Acceptance: Installation or use of the enclosed ALK Technologies, Inc. (“ALK”) software (the “Software”) on your laptop constitutes your acceptance of these terms. If you do not agree to the terms of this Licence, you must immediately delete the Software from your laptop and destroy any copies you made of the Software and of any written materials relating to the Software, and promptly return the Software and, if bought as part of a package, any associated laptops to your retailer for a refund.

Licence: ALK grants you, as an individual, a non-exclusive, non-transferable right and licence to install and use one copy of the Software on a single laptop at a time. If your Software includes CoPilot Central, you may install and use the CoPilot Central portion on a different laptop than the CoPilot portion. Your licence to use the Software is subject to you complying with the terms of this Licence. A licence is required for each installation of the Software, unless the Software is (i) installed temporarily on a computer during the repair or maintenance of the laptop on which the Software is normally installed and (ii) is immediately deleted from such laptop as soon as those repairs or maintenance are complete. You may make one copy of the Software for backup purposes only.

Copyright: United States copyright law and international treaty provisions protect the Software. You agree that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and ownership rights will remain the exclusive property of ALK, and you will not acquire any rights to the Software except as expressly set out in this licence. You agree that any copies of the Software will contain the same proprietary notices that appear on and in the Software.

Prohibited Use: Unless you have ALK’s prior written permission, you may not (i) use, copy, modify, alter, or transfer the Software or accompanying documentation, except as expressly permitted in this Licence; (ii) translate, disassemble, decompile, or reverse engineer the Software (iii) sublicense or lease the Software or its documentation; or (iv) use the Software in a multi-user or networked environment or on a rental basis or in a time-sharing or computer service business.

Limited Warranty: ALK warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of 30 days from the date of purchase. Any implied warranties relating to the Software are limited to such 30 day period provided that limitation is permitted by applicable law.

End-User Remedies: If the Software does not conform to the “Limited Warranty” above, ALK’s entire liability and your sole and exclusive remedy will be, at ALK’s option, either to (i) correct the error, or (ii) help you work around the error, or (iii) accept a return and issue a refund through your retailer. The Limited Warranty is void if failure of the Software has resulted from your fault, abuse, or misapplication. If we correct an error in the Software for you, then the unexpired portion of the Limited Warranty period as at the date you informed us of the error will apply to the corrected software once you have received the corrected version.

NO OTHER WARRANTIES: EXCEPT AS SET OUT IN THE LIMITED WARRANTY, ALK DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. ALK DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Some jurisdictions do not allow the exclusion of implied warranties or limits on how long an implied warranty may last, or an exclusion of incidental damages. This means the above limitations or exclusions may not apply to you. This warranty gives you specifi c legal rights and you may also have other rights depending on your country.

No Liability for indirect loss: In no event will ALK be liable to you for any loss of profi t, wasted time, lost business or for any incidental, or indirect loss of any kind arising out of the performance or use of the Software, even if ALK has been advised of the possibility of such damages.

Termination: Without prejudice to its other rights, ALK may terminate this Licence if you fail to comply with these terms and conditions. In that situation, you must destroy all copies of the Software.

Limitations on Export: You hereby expressly agree not to export or re-export the Software, in whole or in part, in violation of any export laws or regulations of the United States.

DISCLOSURE FOR PRODUCTS CONTAINING CANADIAN POSTAL CODE AND/OR CANADIAN STREET-LEVEL DATA: Based on Computer File(s) licensed from Statistics Canada. © Copyright, HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of Industry, Statistics Canada 2003.

ALK Technologies, Inc. is an Authorized User of selected Statistics Canada Computer File(s) and Distributor of derived Information Products under Licensing Agreement 6147. No confi dential information about an individual, family, household, organisation or business has been obtained from Statistics Canada.

40 User Guide 07 End User License Agreement