Software and firmware license – CUE pdCUE User Manual

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User Manual pdCUE

www.cuesystem.com

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5. Software and Firmware License

END-USER NOTICE AND LICENSE AGREEMENT FROM CUE, a.s.
NOTICE TO END-USER: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT (THIS "LICENSE"). INSTALLATION
OR USE OF THE ENCLOSED CUE, a.s. SOFTWARE PROGRAMS (COLLECTIVELY, "SOFTWARE") ON YOUR COMPUTER
SYSTEMS OR HARDWARE DEVICES CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE
TO THE TERMS OF THIS LICENSE, PROMPTLY DELETE THE SOFTWARE FROM YOUR COMPUTER SYSTEMS AND
HARDWARE DEVICES, DESTROY ANY COPIES YOU MADE OF THE SOFTWARE OR ANY INSTALLATION MEDIA OF THE
SOFTWARE INCLUDED WITH YOUR SYSTEM, AND DISPOSE OF ALL WRITTEN MATERIALS IN YOUR POSSESSION
REGARDING THE SOFTWARE.
License Grant: CUE grants to You, as an individual, a license to install and use one (1) copy of the Software on a single
computer at a time; provided, however, that You may make copies of the Software solely for Your development of applications
for CUE hardware and demonstration versions of such applications. Any applications created with the Software may only be
used with Cue hardware. Your license to use the Software is conditional upon Your compliance with the terms of this License. A
License is required for each end-user of the Software. A license is required for each installation of the Software. You may make
one (1) copy of the Software for archival purposes only. You may use this Software only in connection with CUE hardware. You
must have acquired the Software directly in connection with the purchase of CUE hardware from CUE or from a CUE approved
reseller for this license to be effective. If You have purchased a Site License, You may complete only the number of installations
specified in the License Agreement accompanying the Software.
Copyright: The Software and software built into CUE hardware ("Firmware") are protected by copyright law and international
treaty provisions. You acknowledge that no title to the intellectual property in the Software and Firmware is transferred to You.
You further acknowledge that title and full ownership rights to the Software and Firmware will remain the exclusive property of
CUE, and You will not acquire any rights to the Software and Firmware except as expressly set forth in this License. You agree
that any copies of the Software will contain the same proprietary notices which appear on and in the Software.
Prohibited Uses: Without obtaining prior written permission from CUE, You may not (a.) use, copy, modify, alter, or transfer the
Software or documentation except as expressly provided in this License; (b.) translate, disassemble, decompile, reverse
program or otherwise reverse engineer the Software and Firmware; (c.) sublicense or lease the Software or its documentation
(d.) use this Software with any hardware other than products produced by CUE or in connection with applications being
developed for CUE hardware; or (e.) use the Software in a multi-user, network, or multiple computer environment or in a rental,
time sharing or computer service business. Without prejudice to any other rights, CUE may terminate this License if You fail to
comply with its terms and conditions. In such event, You must immediately destroy all copies of the Software.
No Other Warranties: CUE DOES NOT WARRANT THAT THE SOFTWARE AND FIRMWARE IS ERROR FREE. CUE
DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SOFTWARE AND FIRMWARE, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE
EXCLUSION OF LIMITATION OF INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS
WHICH VARY FROM JURISDICTION TO JURISDICTION.
No Liability for Consequential Damages: IN NO EVENT SHALL CUE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL,
SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE PERFORMANCE OR USE OF THE
SOFTWARE, EVEN IF CUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Label on Hardware: Use of this hardware and the software programs controlling this hardware is subject to the terms of the
Software and Hardware License Agreements (the “License Agreements”). You should not use the software and hardware until
you have read the License Agreements. By using the software and hardware, you signify that you have read the Licenses
Agreements and accept their terms. The “License Agreement” is available at www.cuesystem.com.
Trademark Notice: CUE and the CUE logo are trademarks of CUE, a.s. in the United States and in other countries.

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