Pantech

END USER SOFTWARE LICENSE AGREEMENT (EULA) Single Use License by End User Do not install or use the software update until you have read and accepted all of the license terms. Permission to use the software is conditional upon your agreeing to the license terms. Installation or use of the software by you will be deemed to be acceptance of the license terms. Acceptance will bind you to the license terms in a legally enforceable contract with PANTECH WIRELESS, INC. (PANTECH). 1. General (a) The software included in this update (the "Product Software") is licensed, not sold, to you for end user use only under the terms of this License, and PANTECH reserves all rights not expressly granted to you. The rights granted herein are limited to PANTECH's intellectual property rights in the Product Software and do not include any other patents, copyrights, or intellectual property rights. You may own the device on which the Product Software is recorded, but PANTECH and/or PANTECH's licensor(s) and/or supplier(s) retain ownership of the Product Software, and your permitted use thereof is limited as described herein. (b) Except as provided below, this License applies to all Product Software included with the update. If the license terms accompanying any programs included in the Product Software explicitly grant you other rights that do not expressly conflict with this License, you also have those rights. This License does not grant you any rights with respect to programs that are clearly and solely subject to separate licenses accompanying those programs. 2. Permitted License Uses and Restrictions (a) This License allows you to use the Product Software on a single PANTECH-labeled Product. This License does not allow the Product Software to exist on more than one PANTECH-labeled Product at a time, and you may not make the Product Software available where it could be used by multiple devices. This License does not grant you any rights to use PANTECH intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories for use with the Product. (b) With respect to updates to the Product Software that PANTECH may make available for further download (¡°Product Software Updates¡±), this License allows you to download the Product Software Updates to update the software on the single PANTECH-labeled Product that you own or control. This License does not allow you to update Products that you do not control or own, and you may not make the Product Software Updates available over a network where they could be used by multiple devices or multiple computers. (c) Except to the extent permitted by applicable law, or by express licensing terms, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Product Software, Product Software Updates, or any part thereof. Any attempt to do so is a violation of the rights of PANTECH and its licensors and/or suppliers of the Product Software and Product Software Updates. If you breach this restriction, you may be subject to prosecution and damages. (d) By storing content on your Product you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission. The Product Software and Product Software Updates may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. (e) THE PRODUCT SOFTWARE AND PRODUCT SOFTWARE UPDATES ARE NOT INTENDED FOR USE IN THE OPERATION OF EQUIPMENT AND/OR SYSTEMS IN WHICH THE FAILURE OF THE PRODUCT SOFTWARE OR PRODUCT SOFTWARE UPDATES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. DO NOT USE THEM AS SUCH. 3. Transfer You may not rent, lease, lend or sublicense the Product Software or the Product Software Update. You may, however, make a one-time permanent transfer of all of your license rights to the Product Software and the Product Software Update to another party in connection with the transfer of ownership of your Product, provided that: (a) the transfer must include your Product and all of the Product Software and Product Software Update, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Product Software or Product Software Update, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Product Software and Product Software Update reads and accepts the terms and conditions of this License. 4. Consent to Use of Non-Personal Data You agree that PANTECH and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your Product, computer, system and application software, and peripherals, that may be gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Product Software and/or Product Software Updates, and to verify compliance with the terms of this License. PANTECH may use this information as long as it is in a form that does not personally identify you. 5. Termination This License is effective until terminated. Your rights under this License will terminate automatically without notice from PANTECH if you fail to comply with one or more of the terms of this License. Upon the termination of this License, you must cease any use of the Product Software and Product Software Updates. 6. Disclaimer of Warranties YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PRODUCT SOFTWARE AND PRODUCT SOFTWARE UPDATES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION AND/OR USE OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE. EXCEPT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT SOFTWARE AND PRODUCT SOFTWARE UPDATES, AND ANY SERVICES PERFORMED BY THE PRODUCT SOFTWARE AND PRODUCT SOFTWARE UPDATES, ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PANTECH AND PANTECH'S LICENSORS AND/OR SUPPLIERS (COLLECTIVELY REFERRED TO AS "PANTECH" FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT SOFTWARE AND PRODUCT SOFTWARE UPDATES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PANTECH DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCT SOFTWARE AND PRODUCT SOFTWARE UPDATES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED BY THE PRODUCT SOFTWARE AND PRODUCT SOFTWARE UPDATES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PRODUCT SOFTWARE AND PRODUCT SOFTWARE UPDATES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCT SOFTWARE AND PRODUCT SOFTWARE UPDATES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PANTECH OR A PANTECH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE PRODUCT SOFTWARE OR PRODUCT SOFTWARE UPDATES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. The Product Software and Product Software Updates may enable access to PANTECH and/or third party web services (collectively and individually, "Services"), and to PANTECH and third party sites and information located worldwide throughout the Internet. Use of the Services requires Internet access and use of certain Services may require you to accept additional terms of service. Because PANTECH has no control over third party sites and information, PANTECH makes no guarantees as to such sites and information, including but not limited to: (a) the accuracy, availability, sequence, completeness, currency, content, validity or quality of any such sites and information, or (b) whether a search completed through the Product may locate unintended or objectionable content. Because some of the content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people or viewers under the age of 18, the results of any search or entering of a particular URL using the Product may automatically and unintentionally generate links or references to objectionable material. Certain Services may include materials from third parties. You acknowledge and agree that PANTECH is not responsible for examining or evaluating the content or the accuracy, completeness, currency, validity or quality of any such third party material. PANTECH does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials, or for any other materials, products, or services of third parties. You agree that you will not use any third party materials in a manner that would infringe or violate the rights of any other party, and that PANTECH is not in any way responsible for any such use by you. By using the Product Software and Product Software Updates, you acknowledge that PANTECH makes no representations or warranties with regard to any sites or information displayed by or accessed through the Product Software and Product Software Updates, or any Services performed by the Product Software and Product Software Updates in relation to such sites or information. PANTECH, its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other person for the content you receive or view using the PANTECH Software or for any inaccuracies, errors in or omissions from the content. PANTECH and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will PANTECH be liable for the removal of or disabling of access to any such Services. PANTECH may also impose limits on the use of or access to certain Services, in any case and without notice or liability. 7. Limitation of Liability TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PANTECH BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCT SOFTWARE AND PRODUCT SOFTWARE UPDATES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), AND EVEN IF PANTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall PANTECH's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 8. Export Control You may not use or otherwise export or re-export the Product Software or Product Software Updates except as authorized by United States law and the laws of the jurisdiction(s) in which the Product Software and Product Software Updates were obtained. In particular, but without limitation, neither the Product Software nor the Product Software Updates may be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person¡¯s List or Entity List. By using the Product Software and Product Software Updates, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Product Software or the Product Software Updates for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. 9. Government End Users The Product Software, Product Software Updates, and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. ¡×2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. ¡×12.212 or 48 C.F.R. ¡×227.7202, as applicable. Consistent with 48 C.F.R. ¡×12.212 or 48 C.F.R. ¡×227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. 10. Controlling Law and Severability This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. 11. Complete Agreement; Governing Language This License constitutes the entire agreement between the parties with respect to the use of the Product Software and Product Software Updates licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by PANTECH. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non- English versions, the English version of this License shall govern. 12. Third Party Acknowledgements Portions of the Product Software use or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Product Software, and your use of such material is governed by their respective terms.
I agree to the above terms.