Warranty & Conditions CONT.
• Improper or negligent acts or omissions;
• Unauthorized repairs or attempted repairs;
• Tampering with or modication of the goods;
• Connection to incompatible equipment or power sources;
• Exposure to water or weather;
• Exposure to magnetic elds or corrosive liquids or substances;
EXCEPT AS STATED IN THIS WARRANTY, ATOMOS, IT’S VENDORS,
AGENTS, RESELLERS AND DISTRIBUTORS DISCLAIM IN THEIR ENTIRETY
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. THE REMEDIES OUTLINED IN THIS WARRANTY
ARE THE EXCLUSIVE REMEDY A CUSTOMER HAS ARISING FROM
DEFECTIVE GOODS WHICH ARE SUBJECT TO THE WARRANTY. ATOMOS
DOES NOT WARRANT THAT THE GOODS WILL OPERATE IN A MANNER
WHICH IS ERROR FREE, OR UNINTERRUPTED.
Software License Agreement
IMPORTANT, PLEASE READ CAREFULLY. THIS IS A LICENSE
AGREEMENT.
This ATOMOS software, related documentation, any included sample
images and other les (the “Software”), is protected by copyright laws and
international copyright treaties, as well as other intellectual property laws and
treaties. The Software is licensed, not sold.
This End User License Agreement (“EULA”) is a legal agreement between
you (either an individual or a single entity) and ATOMOS with regard to
the copyrighted Software provided with this EULA. Use of the Software
provided to you by ATOMOS in whatever form or media, will constitute
your acceptance of these terms, unless separate terms are provided by the
software supplier, in which case certain additional or different terms may
apply. If you do not agree with the terms of this EULA, do not download,
install copy or use the Software. By installing, copying or otherwise using the
Software, you agree to be bound to the terms of this EULA. If you do not agree
to the terms of this EULA, ATOMOS is unwilling to license the Software to you.
1. Eligible licensees. This Software is available for license solely to
purchasers of the AtomX Cast, who have purchased a unit manufactured by
ATOMOS and purchased through an ATOMOS authorized reseller, with no
right of duplication or further distribution, licensing or sub-licensing.
2. License Grant. ATOMOS grants you a personal, non-transferable and
non-exclusive right to use the copy of the Software provided with this EULA.
You agree you will not copy the Software except as necessary to use it with
the AtomX Cast. You agree that you may not copy the written materials
accompanying the Software. Modifying, reverse engineering, translating, renting,
copying, transferring or assigning all or part of the Software or any rights granted
hereunder, to any other persons or reverse engineering the hardware on which
the Software runs, is strictly prohibited. The software is license, not sold. You
acknowledge that no title to intellectual property in the Software is transferable to
you. You further acknowledge that title and full ownership rights to the Software
will remain the exclusive property of ATOMOS and/ or its suppliers, and you will
not acquire any rights to the Software, except as expressly set forth above. All
copies of the software will contain the same proprietary notices as contained
in or on the Software. All title and copyrights in and to the Software (including
but not limited to any images, animations, video, audio, text incorporated), the
accompanying printed materials, and any copies of the Software are owned by
ATOMOS or its suppliers.
3. Reverse engineering. You agree that you will not attempt, and if you are
a corporation, you will use your best efforts to prevent your employees and
contractors from attempting to reverse compile, derive circuits, modify, translate
or disassemble the Software and/or the AtomX Cast in whole or in part. Any
failure to comply with the above or any other terms and conditions contained
herein will result in the automatic termination of this license and the reversion of
the rights granted hereunder by ATOMOS.
ATOMOS reserves the right to terminate this license without prejudice to any
additional recourse ATOMOS may have against you if you violate any of its
terms and conditions.