Multitech FaxFinder FF240 User's Guide download pdf (Page 125)

Appendix G: EULA

Multi-Tech Systems, Inc. FF240-IP Admin User Guide 125

5. OWNERSHIP; CONFIDENTIALITY. You agree that the Software contains trade secret information, copyrights,

trademarks, and other intellectual property rights that are owned by Multi-Tech Systems, Inc. or its licensors.

Multi-Tech retains all right, title and interest in and to the Software. All rights not expressly granted herein are

reserved. You acknowledge and agree that the Software was developed at considerable time and expense by

Multi-Tech and is confidential to and a trade secret of Multi-Tech. You agree to maintain the Software in strict

confidence and not to disclose the Software or provide access thereto to any other third party.

6. THIRD PARTY SOFTWARE. The Software may contain software from sources other than Multi-Tech Systems,

Inc., including without limitation, third party proprietary software and free and open source software. To the

extent the Software includes free and open source software, it is subject to the applicable free and open

source software license. Multi-Tech Systems, Inc. makes available information related to the free and open

source software at www.multitech.com/licensing.go

7. DISCLAIMER OF WARRANTY. Except as set forth in the Multi-Tech Standard Warranty

that accompanies THE

Multi-Tech product, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES OF THE

SOFTWARE, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

AND NONINFRINGEMENT, OR OTHERWISE ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE

PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.

8. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, Multi-Tech IS NOT

LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES,

INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE AND BUSINESS INTERRUPTION, ARISING

OUT OF THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, OR OTHER THEORY AND REGARDLESS OF

WHETHER SUCH PERSON OR ENTITY SHALL BE ADVISED OR HAVE REASON TO KNOW OF THE POSSIBILITY OF

SUCH DAMAGES. IF Multi-Tech IS EVER DEEMED LIABLE TO YOU, ITS AGGREGATE LIABILITY, WHETHER BASED

IN TORT, CONTRACT, STATUTE OR OTHERWISE, IS LIMITED TO THE NET AMOUNT PAID BY YOU FOR THE Multi-

Tech PRODUCT.

9. TERMINATION. Multi-Tech may, upon written notice to You, immediately terminate this Agreement and the

warranty period set forth in the Multi-Tech Standard Warranty if You breach the terms set forth in this

Agreement.

10. GENERAL. This Agreement: (a) contains the complete and exclusive agreement regarding its subject matter,

(b) supersedes all prior or contemporaneous written or oral agreements, representations, promises, and

understandings related thereto (except those previously referenced third party license agreements), (c) may

be modified, supplemented or amended by Multi-Tech with or without notice (which modification,

supplement or amendment may be made available with Software updates or future purchases of Multi-Tech

products), (d) is between sophisticated parties, and so the rule of construing ambiguities against the drafter

will not apply, (e) will be governed by Minnesota law, without regard to its choice of law provisions, and (f) is

binding upon the parties and their successors, will not benefit or create any right or cause of action for any

other person or entity other than the parties, except Multi-Tech Systems, Inc.’s third party licensors. No

waiver of this Agreement is effective by Multi-Tech unless in writing signed by a duly authorized

representative. If any provision of this Agreement is held to be invalid, it shall be interpreted so as to best

advance the spirit of this Agreement and Multi-Tech’s intent. All disputes arising from this Agreement shall be

heard in the exclusive jurisdiction of the state courts of Minnesota, U.S.A. and You agree to submit to the

personal jurisdiction of such courts. You acknowledge that You are age thirteen or older, and by accepting this

Agreement, You agree that You are fully authorized, able and competent to enter into this Agreement.

Multi-Tech Systems, Inc.

2205 Woodale Drive

Mounds View, Minnesota 55112

[email protected]

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