USE OF THIS SOFTWARE IS SUBJECT TO THE LICENSE AGREEMENT DISPLAYED BELOW.
BY CONTINUING TO INSTALL THE SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF ITS TERMS.
END USER LICENSE AGREEMENT
1. LICENSE. The software accompanying this License ("Software"), regardless of the media on which it is distributed, is licensed to you by SONNETECH LTD. ("Sonnetech"). You own the medium on which the Software is recorded but Sonnetech retains title to the Software and related documentation.
2. RESTRICTIONS. The Software contains copyrighted material, trade secrets and other proprietary material. You may not: (i) decompile, reverse engineer or dis-assemble the Software; (ii) copy, modify, network, rent, distribute or create derivative works based upon the Software
3. TERMINATION. This License is effective until terminated. You may terminate this License at any time by destroying the Software and the related documentation. This license will terminate immediately without notice from Sonnetech if you fail to comply with any provision of this License. Upon termination, you must destroy the Software and the related documentation.
4. EXPORT LAW ASSURANCE. You agree and certify that neither the Software nor any other technical data received from Sonnetech, nor the direct product thereof, will be exported outside the United States, or if you rightfully obtained the Software outside the United States, will not be reexported, except as permitted by the laws and regulations of the United States and the jurisdiction in which you obtained the Software.
5. LIMITED WARRANTY ON MEDIA. AND COLORIFIC COLOR REFERENCE CARDS. Sonnetech warrants that the tangible media on which the Software is recorded, and the Colorific Color Reference Cards, to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of receipt. Sonnetech's entire liability and your exclusive remedy will be the replacement of the media or cards not meeting Sonnetech's limited warranty and which is returned to Sonnetech or any Sonnetech-authorized representative with a copy of the receipt. Sonnetech will have no responsibility to replace any media or cards damaged by accident, abuse or misapplication. ANY IMPLIED WARRANTIES ON THE MEDIA, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
6. DISCLAIMER OF WARRANTY ON SOFTWARE. You expressly acknowledge and agree that the use of the Software is solely at your own risk. The Software and related documentation are provided "AS IS" and without warranty of any kind. SONNETECH AND ITS LICENSEES, LICENSORS AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SONNETECH DOES NOT WARRANT THAT THE FUNCTIONS OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FURTHER, NEITHER SONNETECH, NOR ITS LICENSEES, LICENSORS OR DISTRIBUTORS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, RELIABILITY, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL SONNETECH, ITS LICENSEES, LICENSORS OR DISTRIBUTORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE OR ITS DOCUMENTATION, EVEN IF SONNETECH AND/OR ITS LICENSEES, LICENSORS AND DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE ABOVE LIMITATION OR EXCLUSION OF LIABILITY AND DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. IN NO EVENT WILL SONNETECH'S AND ITS LICENSEES, LICENSORS AND DISTRIBUTORS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.
8. CONTROLLING LAW AND SEVERABILITY. For copies of the Software purchased in the United States, this License will be governed by the laws of the United States and the State of California. If a court of competent jurisdiction finds any provision of this License, or part thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this license will continue in full force and effect.
9. COMPLETE AGREEMENT. This License constitutes the entire agreement between the parties with respect to the Software. . No amendment to or modification of this License will be binding unless in a writing signed by a duly authorized representative of Sonnetech.
