EULA
END-USER LICENSE AGREEMENT (EULA)
IMPORTANT. READ CAREFULLY. THIS
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, sepa- rate, 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 soft- ware obtained from
4.Termination. This Agreement is effective until terminated 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 immediately 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 LIMITED WARRANTY INCLUDED WITH THE PRODUCT (“LIMITED WARRANTY”). THIS AGREEMENT DOES NOT CONTAIN OR CONSTITUTE A NEW OR SEPARATE WARRANTY REGARDING THE PRODUCT OR SOFTWARE AND DOES NOT MODIFY OR EXTEND THE LIMITED WARRANTY. THIS AGREEMENT DOES NOT: (I) PROVIDE YOU ANY ADDITIONAL REMEDIES; 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, HARMAN PROVIDES THE SOFTWARE “AS IS” AND WITHOUT WARRANTY. HARMAN DISCLAIMS ALL COMMON LAW AND STATUTORY WARRANTIES AS TO THE CONDITION, QUALITY, FITNESS, MAINTENANCE AND USE OF THE SOFTWARE, INCLUDING AND WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR 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, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY
OTHERWISE AT LAW OR IN EQUITY, EVEN IF HARMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION 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 AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT OR ARISING FROM THE SOFTWARE, 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 otherwise 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 regulations of the United States governing exports and
11.Governing Law. This Agreement shall be governed by and construed in accordance with the substantive 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 permanent 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 conditions 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 competent jurisdiction finds or holds any provision of this Agreement to be void, invalid, illegal or otherwise unenforceable the remaining provisions of this Agreement will remain in full force and effect.
16.Copyright Notices, Attributions and Licenses. Some of Harman’s licensors require the reproduction of certain copyright notices and authorship attribution in Harman’s documen- tation. Such notices, attributions and licenses are as follows:
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