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END USER LICENSE AGREEMENT
IMPORTANT: READ CAREFULLY:
This End User License Agreement
(“EULA”) is a legal agreement between you, the End User
(“End User” or “You”), and Bose Corporation (“Bose”)
governing your use of the technology and software and
data and data content belonging to Bose, its vendors and
licensors (“Technology”), that is contained in this audio/
video device (“System”). By tearing open the protective
wrapping on this System, you are agreeing to be bound by
the terms of this EULA. In the event you disagree with any
of the terms contained herein, DO NOT UNWRAP THIS
SYSTEM. Return the sealed System to Bose Corporation
for a full refund.
Copyright laws and international copyright treaties, as well
as other intellectual property laws and treaties protect the
Technology contained within this System. The Technology
is being licensed, not sold. This EULA grants you the right
to use the Technology only on this Bose System. You may
NOT transfer, lend, distribute, prepare derivative works,
reverse engineer, de-compile, or disassemble the Technol-
ogy, except and only to the extent that applicable law
expressly permits such activity. You agree that you will use
the Technology and the System solely for your own
personal non-commercial use.
The Technology contains software that allows You to
obtain vendor-supplied music-related information,
including name, artist, track, and title information (“Data”).
You may use Data only be means of the intended End User
functions of the Technology. You agree not to assign,
copy, transfer or transmit such Data to any third party.
YOU AGREE NOT TO USE OR EXPLOIT DATA EXCEPT AS
EXPRESSLY PERMITTED HEREIN.
You agree that your non-exclusive license to use the
Technology will terminate if you violate these restrictions. If
your license terminates, you agree to cease any and all use
of the Technology or Data. Bose, its vendors and licensors
reserve all rights in the Technology, including all ownership
rights. You agree that the vendors and licensors of Bose
may enforce their rights under this Agreement directly in
their own name.
Bose warrants this System in accordance with the
provisions of the warranty card delivered with this System.
EXCEPT AS EXPRESSLY SET FORTH THEREIN, BOSE, ITS
VENDORS, AND ITS LICENSORS HEREBY DISCLAIM ALL
WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, IN
CONNECTION WITH THE TECHNOLOGY, INCLUDING
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD
PARTY RIGHTS, AND FITNESS FOR A PARTICULAR
PURPOSE. IN NO EVENT WILL BOSE, ITS VENDORS, OR
ITS LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE THE
TECHNOLOGY. IN NO EVENT SHALL BOSE BE
LIABLE FOR ANY DAMAGES.
None of the Technology shall be exported or re-exported in
violation of any export provisions of the United States or
any other applicable jurisdiction. Any attempt to sublicense,
assign or transfer any of the rights, duties or obligations
hereunder shall be void. This Agreement shall be governed
by and interpreted under the laws of the Commonwealth of
Massachusetts, without regard to its conflicts of law
provisions.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND
UNDERSTAND THIS AGREEMENT AND AGREE TO BE
BOUND BY ITS TERMS. YOU FURTHER AGREE THAT
THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE
STATEMENT OF THE AGREEMENT BETWEEN YOU AND
BOSE AND SUPERCEDES ANY PROPOSAL OR PRIOR
AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER
COMMUNICATIONS RELATING TO THE SUBJECT
MATTER OF THIS AGREEMENT.