36. Legal Information 541
Other than in its ordinary intended use, you may not alter, merge, modify, adapt or
translate the Software, or decompile, reverse engineer, disassemble, or otherwise
reduce the Software to a human-perceivable form.
Certain components of the Software may have been or may be made available by
HES on its Open Source web site: www.highend.com/open-source/ (“Open-
Sourced Components”) You may freely modify or replace only these Open-Sourced
Components provided that the resultant modified software is limited by the other
restrictions in this Agreement. HES is not obligated to provide any maintenance,
technical or other support for any Software incorporating any modified Open-
Sourced Components.
In the event that equipment using the software is sold, rented or leased, the
restrictions of this section must be imposed on any purchaser, renter, leasee or
sublicensee.
You may not modify the Software; create derivative works based upon the
Software, and/or reverse compile the software or make any efforts or use the result
of efforts to circumvent the copy protection devices (hardware and/or software)
used with the Software.
You may not export the Software into any country prohibited by the United States
Export Administration Act and the regulations thereunder.
In the event that you fail to comply with this EULA, HES may terminate the license
and you must destroy all copies of the Software (with all other rights of both parties
and all other provisions of this EULA surviving any such termination).
You shall not use the Software to develop any software or other technology having
the same primary function as the Software, including but not limited to using the
Software in any development or test procedure that seeks to develop like software
or other technology, or to determine if such software or other technology performs
in a similar manner as the Software.
4. Ownership
The foregoing license gives you limited license to use the Software. HES and
its suppliers retain all right, title and interest, including all copyright and
intellectual property rights, in and to, the Software and all copies thereof. All
rights not specifically granted in this EULA, including Federal and International
Copyrights, are reserved by HES and its suppliers.
5. Warranty Disclaimer
HES warrants that the media on which the Software is recorded and delivered by
HES is a true and correct copy of the master Software and is so warranted for a
period of Ninety (90) days from purchase. Your exclusive remedy under this
section is replacement media upon return of the media with a copy of the purchase
receipt.
THE SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN
"AS-IS" BASIS. HES HAS NO OBLIGATION TO PROVIDE TECHNICAL
SUPPORT, WARRANTIES OR REMEDIES FOR THE SOFTWARE. You
expressly acknowledge and agree that use of the Software is at your sole risk and
that the entire risk as to satisfactory quality, performance, accuracy and effort is
with you.
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