END USER LICENSE AGREEMENT
IMPORTANT–READ CAREFULLY: THIS END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND ADVATRONIX®, INC. AND ITS AFFILIATES, INCLUDING ADVATRONIX® SYSTEMS LLC., (COLLECTIVELY, "ADVATRONIX®") FOR ANY ADVATRONIX® MATERIAL, TOGETHER WITH ANY OTHER ASSOCIATED FIRMWARE, MEDIA, SOFTWARE, PRINTED MATERIALS AND "ONLINE" OR ELECTRONIC DOCUMENTATION (COLLECTIVELY, THE "MATERIAL") AVAILABLE FOR DOWNLOAD AT www.advatronix.com OR PROVIDED WITH OR INSTALLED ON A ADVATRONIX® PRODUCT (THE "PRODUCT").
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY OPENING THE PACKAGE CONTAINING THE ACTUAL PRODUCT, INSTALLING THE MATERIAL NOT OTHERWISE PRE-INSTALLED BY ADVATRONIX® ON A PRODUCT OR OTHERWISE USING A PRODUCT THAT INCLUDES PRE-INSTALLED MATERIAL. IN ADDITION, BY INSTALLING, COPYING, OR OTHERWISE USING SUBSCRIPTION UPDATES THAT YOU RECEIVE AS PART OF THE PRODUCT (''UPDATES''), YOU AGREE TO BE BOUND BY THE ADDITIONAL LICENSE TERMS THAT ACCOMPANY SUCH UPDATES.
IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT OPEN THE BOX CONTAINING THE PRODUCT, INSTALL THE MATERIAL OR USE THE PRODUCT CONTAINING THE MATERIAL. INSTEAD, YOU MAY RETURN THE PRODUCT TO THE RESELLER WHERE YOU PURCHASED IT FOR A REFUND IN ACCORDANCE WITH THE RESELLER'S APPLICABLE RETURN POLICY.
- GENERAL GRANT OF LICENSE. Subject to the terms and conditions of this EULA, Advatronix® grants you a limited, non-exclusive, non-transferable, personal license along with purchase to install, run and use one copy of the MATERIAL on the Product solely in connection with your authorized use of the Product.
- UPDATES. Any MATERIAL provided to you by Advatronix® or made available on the Advatronix® web site at www.advatronix.com ("Web Site") that updates or supplements the original MATERIAL is governed by this EULA unless separate license terms are provided with such updates or supplements, in which case, such separate terms will govern.
- DOCUMENTATION. You may make and use a reasonable number of copies of any documentation provided with the MATERIAL; provided, that such copies will only be used for internal business purposes and are not to be republished or redistributed (either in hard copy or electronic form) to any third party.
- BACKUP. You may make a reasonable number of copies of the MATERIAL for backup and archival purposes.
- LICENSE LIMITATIONS. The license set forth in Paragraph 1 applies only to the extent you have ordered and paid for the Product and it states the entirety of your rights with respect to the MATERIAL. Advatronix® reserves all rights not expressly granted to you in this EULA. Without limiting the foregoing, you will not, and you will not authorize or permit any third party to:
- Use the MATERIAL for any purpose other than in connection with the Product;
- You agree that Advatronix® and its affiliates may gather and use technical information you provide as a part of support services related to the Product. Advatronix® hereby agree to not save or use this information in a form that personally identifies you.
- Prohibition on Reverse Engineering, De-compilation, and Dis-assembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE/ HARDWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. ;
- License, allocate, lease, rent, lend, transfer, assign or otherwise dispose of the MATERIAL or use the MATERIAL in any commercial hosted or service bureau environment;
- Adjust, modify, alter, translate or create any derivative works of the MATERIAL;
- Eliminate, alter or obscure any copyright notice or other proprietary rights notice on the Product; or circumvent or attempt to circumvent any methods employed by Advatronix® to control access to the components, features or functions of the Product or MATERIAL.
- OPEN SOURCE. The MATERIAL may contain components licensed to Advatronix® under the General Public License ("GPL Components"), currently available at http://www.gnu.org/licenses/gpl.html. The terms of the GPL will control solely with respect to the GPL Components to the extent that this EULA conflicts with the requirements of the GPL with respect to your use of the GPL Components, and, in such event, you agree to be bound by the GPL with respect to your use of such components.
- AUDIT. Advatronix® will have the right to audit your compliance with the terms of this EULA. You agree to grant access to Advatronix® to facilities, equipment, books, records and documents and to otherwise reasonably cooperate with Advatronix® in order to facilitate any such audit.
- OWNERSHIP. The MATERIAL is valuable property of Advatronix® and its licensors and is protected by copyright and other intellectual property laws and treaties. Advatronix® or its licensors own all right, title and interest in and to the MATERIAL and all copyright and other intellectual property rights in the MATERIAL.
- LIMITED WARRANTY. Advatronix® warrants that for a period of ninety (90) days after either your
- installation of the MATERIAL on Products that do not include pre-installed SOFTWARE or
- use of a Product that includes pre-installed MATERIAL, as applicable, (the "Warranty Period"), the MATERIAL will substantially conform to Advatronix® published specifications for the MATERIAL, if any, or otherwise set forth on the Web Site. Advatronix® will use commercially reasonable efforts to, in Advatronix® sole discretion, either correct any such nonconformity in the MATERIAL or replace any MATERIAL that fails to comply with the foregoing warranty, provided that you give Advatronix® written notice of such noncompliance within the Warranty Period.
- The foregoing warranty does not apply to any noncompliance resulting from any:
- Use, reproduction, distribution or disclosure not in accordance with this EULA;
- Any customization, modification or other alteration of the MATERIAL by anyone other than Advatronix®;
- Combination of the MATERIAL with any product, services or other items provided by anyone other than Advatronix®; or
- Your failure to comply with this EULA.
- SUPPORT. During the Warranty Period, Advatronix® will make available to you the support services. Following the expiration of the applicable Warranty Period, support for MATERIAL may be available from Advatronix® upon written request.
- DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH ABOVE, ADVATRONIX® AND ITS SUPPLIERS PROVIDE THE MATERIAL "AS IS" AND WITH ALL FAULTS. Advatronix® AND ITS SUPPLIERS HEREBY DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE MATERIAL. WITHOUT LIMITING THE FOREGOING, ADVATRONIX® DOES NOT WARRANT THAT THE MATERIAL WILL BE FREE OF BUGS, ERRORS, VIRUSES OR OTHER DEFECTS.
- DISCLAIMER OF CERTAIN DAMAGES. IN NO EVENT WILL ADVATRONIX® OR ITS LICENSORS BE LIABLE FOR THE COST OF COVER OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO LOSS OF DATA, INFORMATION, REVENUE, PROFIT OR BUSINESS) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE MATERIAL OR OTHERWISE UNDER OR IN CONNECTION WITH THIS EULA OR THE MATERIAL, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY EVEN IF ADVATRONIX® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Advatronix® PRODUCTS HAVE NOT BEEN TESTED FOR USE IN HIGH-RISK ACTIVITIES INCLUDING ANY LIFE SUSTAINING, CHEMICAL, OR MISSION CRITICAL USE. Advatronix® IS NOT LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES RESULTING FROM THE USE OF PRODUCTS IN SUCH ACTIVITY, INCLUDING BUT NOT LIMITED TO THE OPERATION OF COMMUNICATION SYSTEMS, AIRCRAFT NAVIGATION, AIR TRAFFIC CONTROL, LIFE SUPPORT, MEDICAL SYSTEMS, WEAPON SYSTEMS, OR NUCLEAR FACILITIES.
- LIMITATION OF LIABILITY. ADVATRONIX® AND ITS SUPPLIERS' LIABILITY ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE MATERIAL OR OTHERWISE UNDER OR IN CONNECTION WITH THIS EULA OR THE MATERIAL IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT REGARDLESS OF THE AMOUNT OF DAMAGES YOU MAY INCUR AND WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY. The foregoing disclaimer of warranties, disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states/jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. To the extent that those laws apply to this EULA, the exclusions and limitations set forth above may not apply to you.
- EXPORT RESTRICTIONS. You acknowledge that the MATERIAL is subject to U.S. export restrictions. You agree to comply with all applicable laws and regulations that apply to the MATERIAL, including without limitation the U.S. Export Administration Regulations.
- U.S. GOVERNMENT LICENSE RIGHTS. All MATERIAL provided to the U.S. Government is provided with the commercial license rights and restrictions described in this EULA. By installing, copying or using the MATERIAL, the U.S. Government agrees that the MATERIAL is "commercial computer MATERIAL" or "commercial computer MATERIAL documentation" within the meaning of FAR Part 12.
- TERMINATION. Without prejudice to any other rights, Advatronix® may terminate this EULA if you do not abide by the terms and conditions contained herein. In such event, you must cease use of the MATERIAL and destroy all copies of the MATERIAL and all of its component parts.
- ASSIGNMENT. You may not transfer or assign your rights under this EULA to any third party. Any such transfer or assignment in violation of the foregoing restriction will be void.
- APPLICABLE LAW. Unless expressly prohibited by local law, this EULA is governed by the laws of the State of Nevada, U.S.A. without regard to any conflict of law principles to the contrary. The 1980 U.N. Convention on Contracts for the International Sale of Goods or any successor thereto does not apply.
- DISPUTE RESOLUTION. Any dispute, controversy or claim arising out of or relating to this Warranty, the MATERIAL or services provided by Advatronix® with respect to the MATERIAL or the relationship between you and Advatronix® will be resolved exclusively and finally by arbitration under the current commercial rules of the American Arbitration Association if you reside in the United States, except as otherwise provided below. In such cases, the arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute between you and Advatronix®. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The arbitration shall be held in Clark County, Nevada, U.S.A. by submission of documents, by telephone, online or in person as determined by the arbitrator at the request of the parties. The prevailing party in any arbitration or legal action occurring within the United States or otherwise shall receive all costs and reasonable attorneys’ fees, including any arbitration fee paid by the prevailing party. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. You understand that, in the absence of this provision, you would have had a right to litigate any such dispute, controversy or claim in a court, including the right to litigate claims on a class-wide or class-action basis, and you expressly and knowingly waives those rights and agrees to resolve any disputes through binding arbitration in accordance with the provisions of this Section.
- ATTORNEYS' FEES. In any arbitration, mediation, or other legal action or proceeding to enforce rights or remedies under this EULA, the prevailing party will be entitled to recover, in addition to any other relief to which it may be entitled, costs and reasonable attorneys' fees.
- SEVERABILITY. If any provision of this EULA is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this EULA will remain in full force and effect.
- ENTIRE AGREEMENT. This EULA sets forth the entire agreement of Advatronix® and you with respect to the MATERIAL and the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements whether written or oral. No amendment, modification or waiver of any of the provisions of this EULA will be valid unless set forth in a written instrument signed by the party to be bound thereby.
This End User License Agreement was last updated on September 01, 2012