11
provided that the backup copy must include all copyright or other proprietary notices
contained on the original.
b. Except as and only to the extent permitted in this License and by applicable law, you
may not copy, decompile, reverse engineer, disassemble, modify, or create derivative
works of the IPG Software or any part thereof. THE IPG SOFTWARE IS NOT INTENDED
FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR
COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR OTHER EQUIPMENT IN
WHICH THE MALFUNTION OF THE IPG SOFTWARE WOULD RESULT IN THE FORESEEABLE
RISK OF INJURY OR DEATH TO THE OPERATOR OF THE EQUIPMENT OR SYSTEM OR TO
OTHERS.
3. Transfer. You may not rent, lease, lend, redistribute or sub-license the IPG Software. You may,
however, make a one-time permanent transfer of all of your license rights to the IPG Software
(in its original form as provided by IPG) to another party, provided that: (a) the transfer must
include all of the IPG Software, including all its component parts, original media, printed
materials and this License; (b) you do not retain any copies of the IPG Software, full or partial,
including copies stored on a computer or other storage device; and (c) the party receiving the
IPG Software reads and agrees to accept the terms and conditions of this License.
4. Termination. This License is effective until terminated. Your rights under this License will
terminate automatically without notice from IPG if you fail to comply with any term(s) of this
License. Upon the termination of this License, you shall cease all use of the IPG Software and
destroy all copies, full or partial, of the IPG Software.
5. Limited Warranty on Media. IPG warrants the media on which the IPG Software is recorded and
delivered by IPG to be free from defects in materials and workmanship under normal use for a
period of ninety (90) days from the date of original purchase. Your exclusive remedy under this
Section shall be, at IPG's option, replacement of the IPG Software which is returned to IPG or an
IPG authorized representative. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON
THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE,
ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL PURCHASE.
6. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE IPG
SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY
ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
THE IPG SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITH-OUT WARRANTY OF ANY
KIND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IPG AND ITS SUPPLIERS
FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
IMPLIED WAR-RANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND
FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE
OF DEALING, COURSE OF PERFORMANCE, OR TRADE PRACTICE. THE ENTIRE RISK ARISING OUT
OF THE USE OR PERFOR-MANCE OF THE IPG SOFTWARE OR RELATED MATERIALS REMAINS WITH
YOU. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IPG MAY MAKE CHANGES TO THE IPG SOFTWARE
AND HAS NO OBLIGATION TO DISTRIBUTE NEWER VERSIONS.
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