Alpha Communications AlphaTouch - License Agreement

LICENSE AGREEMENT
ALPHA MEDIA, INC. AlphaTouch™ 200 Series, ALL VERSIONS, AND SOFTWARE RELATED COMPONENTS. END-USER LICENSE AGREEMENT FOR ALPHA MEDIA, INC. SOFTWARE
IMPORTANT-READ CAREFULLY: This Alpha Media, Inc. End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single enty) and Alpha Media, Inc.
Corporaon for the Alpha Media, Inc. soware product(s) idened above which may include associated soware components, media, printed materials, and “online” or electronic documen-
taon (“SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this
EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and internaonal copyright treaes, as well as other intellectual property laws and treaes. The SOFTWARE PRODUCT is licensed, not
sold.
1. GRANT OF LICENSE. The SOFTWARE PRODUCT is licensed as follows:”
* Installaon and Use. Alpha Media, Inc. grants you the right to install and use copies of the SOFTWARE PRODUCT on devices running validly licensed copies of the operang system for which
the SOFTWARE PRODUCT was designed
* Backup Copies. You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
* Components. Certain soware components of the SOFTWARE PRODUCT are subject to the following addional provisions:
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Maintenance of Copyright Noces. You must not remove or alter any copyright noces on all copies of the SOFTWARE PRODUCT.
* Distribuon. You may not distribute copies of the SOFTWARE PRODUCT to third pares.
* Prohibion on Reverse Engineering, Decompilaon, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that
applicable law notwithstanding this limitaon expressly permits such acvity.
* Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
* Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.
* Support Services. Alpha Media, Inc. may provide you with support services related to the SOFTWARE PRODUCT (“Support Services”). Use of Support Services is governed by the Alpha
Media, Inc. policies and programs described in the user manual, in “on line” documentaon and/or other Alpha Media, Inc.-provided materials. Any supplemental soware code provided
to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and condions of this EULA. With respect to technical informaon you
provide to Alpha Media, Inc. as part of the Support Services, Alpha Media, Inc. may use such informaon for its business purposes, including for product support and development. Alpha
Media, Inc. will not ulize such technical informaon in a form that personally idenes you, without your permission.
* Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
3. TERMINATION. Without prejudice to any other rights, Alpha Media, Inc. may terminate this EULA if you fail to comply with the terms and condions of this EULA. In such event, you must
destroy all copies of the SOFTWARE PRODUCT.
4. COPYRIGHT. All tle, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Alpha Media, Inc. or its suppliers. All tle and
intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respecve content owner and may be protected by
applicable copyright or other intellectual property laws and treaes. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Alpha Media, Inc.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT is provided with RESTRICTED RIGHTS. Use, duplicaon, or disclosure by the Government is subject to restricons as set
forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Soware clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Soware
Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Alpha Media, Inc. 42 Central Drive, Farmingdale, NY 11735-1202.
6. EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE PRODUCT to any country, person, enty or end user subject to U.S.A. export restricons. Restricted
countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export
Administraon nor any other federal agency has suspended, revoked or denied your export privileges.
7. NO WARRANTIES. Alpha Media, Inc. expressly disclaims any warranty for the SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED “AS
IS “WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
8. LIMITATION OF LIABILITY. To the maximum extent permied by applicable law, in no event shall Alpha Media, Inc. or its suppliers be liable for any special, incidental, indirect, or conse-
quenal damages whatsoever (including, without limitaon, damages for loss of business prots, business interrupon, loss of business informaon, or any other pecuniary loss) arising
out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if Alpha Media, Inc. has been advised of the possibility of such
damages. In any case, Alpha Media, Inc.’s enre liability under any provision of this EULA shall be limited to the replacement of any registered soware that has been determined by Alpha
Media Inc. to be defecve. Because some states and jurisdicons do not allow the exclusion or limitaon of liability, the above limitaon may not apply to you.
9. MISCELLANEOUS. - This EULA is governed by the laws of the State of New York, U.S.A. Should you have any quesons concerning this EULA, or if you desire to contact Alpha Media, Inc. for
any reason, please contact the Alpha Media, Inc. subsidiary serving your country, or write: Alpha Media, Inc., 42 Central Drive, Farmingdale, NY 11735-1202. You may contact us by phone at
631-777-5500 or fax at 631-777-5599 or by email at info@alphamedia.net
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