Software License
Software License Agreement
IMPORTANT - PLEASE READ THIS CAREFULLY: By using
the software in your AmiNET530 (“Product”), you (“You”)
agree to be bound by the terms of this Software License
Agreement (“Agreement”). If you do not agree to be bound
by the terms of this Agreement, you must immediately cease
all use of the Product and return the Product and all
accessories, in the original packaging to your service
provider, or the supplier from which you obtained the
Product.
License Grant; Restrictions
Subject to the terms of this agreement, Amino
Communications Ltd and its affiliates (collectively “Amino”)
grants You a non-exclusive, non-transferable license, without
the right to sub-license, to use the software included with the
Product or subsequently provided to you, and its associated
documentation solely for your non-commercial use and
solely in connection with your use of the Product. You
acknowledge and agree that Amino and your service
provider may periodically update, modify or enhance the
Product software. You agree that; a) you will not attempt to
modify, enhance, disassemble, decompile, reverse engineer
or otherwise attempt to gain access to the source code to
the software; and b) you will not attempt to remove or
unbundle the software from the Product. Any resale or
transfer of the Product by you will be subject to the terms
and conditions of this agreement.
Recorded Materials
The AmiNET530 is intended for the reception and recording
of TV picture and sound signals (“Materials”) for personal
use in conformance with applicable laws, license
agreements or service agreements under which you have
obtained access to such Materials. Any other use is
expressly prohibited. It is Your responsibility to comply with,
and you agree to be bound by, all such applicable laws and
agreements. Unauthorized recording of copyrighted
material, or providing copies of such material to others, may
infringe the rights of copyright owners and may also be a
criminal offence in some jurisdictions. Prior permission from
the copyright owners may be required for certain public
performances and certain commercial uses. You agree to
indemnify and hold harmless Amino and its Licensors
against any breach by You of applicable copyright
restrictions in connection with
your use of the Product. Your service provider can advise
you on the legitimate use of the Product.
Ownership
Amino and its licensors own and retain all proprietary rights,
including all patent, copyright, trade secret, trademark and
other intellectual property rights in and to the software and to
any enhancements or modifications to the software which
may be provided to you. You acknowledge that the license
granted under this agreement does not provide you with title
or ownership to the software but only to a right of limited use
under the terms and conditions of this agreement.
Software Warranties
To the maximum extent permitted by applicable law, Amino
makes no representations and disclaims any and all
warranties, express or implied with respect to the software,
including, without limitation, any implied warranty of
merchantability, fitness for purpose, non-infringement of third
party rights and those arising from a course of dealing or
usage of trade. No representation is made or warranty is
given that use of the software will be defect free or error free
or uninterrupted, that any defects or errors will be corrected
or that the functionality of the software will meet your
requirements.
Limitation of Liability
To the maximum extent permitted by applicable law, Amino,
its suppliers and licensors will not be liable for loss of profits,
business interruption, loss of information or data, or other
pecuniary loss, or for any consequential, indirect, incidental,
special, punitive or other damages whatsoever arising out of
this agreement or the use or inability to use the software,
even if Amino or its suppliers or licensors have been
advised of the possibility of such damages.
Termination
This agreement and the licenses granted hereunder shall
immediately terminate if you fail to comply with the license
limitations described in this agreement. No notice will be
required from Amino to effect such termination. On
termination of this agreement you must return all hardware,
software and product documentation and accessories to the
service provider, or the supplier from which you obtained the
Product.
Export Controls
You acknowledge and agree that none of the software or
underlying information or technology may be downloaded or
otherwise exported or re-exported: a) into (or to a national or
resident of) Angola, Cuba, Iran, Iraq, Libya, North Korea,
Sudan, Syria, or any other country to which the US has
embargoed goods; or any one on the US Treasury
Department's list of Specially Designated Nationals or the
US Commerce Department's Table of Denial Orders. By
using the software, you represent and warrant that you are
not a resident or national of any such country or on any such
list.
US Government Users
This software is a commercial product and is provided with
restricted rights. Use, reproduction, release, modification or
disclosure of the software or any part thereof including
technical data is restricted in accordance with Federal
Acquisition Regulation (FAR) 21.212 for civilian agencies
and Defense Federal Acquisition (DFARS) 227.7202 for
military agencies.
Law
If you acquired this Product in the United States, this
agreement shall, in all respects, be governed by the laws of
the State of Georgia without reference to its principles or
conflicts of laws. You hereby agree that all disputes arising
out of this agreement shall be subject to the exclusive
jurisdiction and of and venue in the federal and state courts
within Atlanta, Georgia, and you hereby consent to the
personal and exclusive jurisdiction and venue of these
courts. If you acquired this product in the United Kingdom,
the laws of England shall apply, and you hereby consent to
the exclusive jurisdiction and venue of these courts. If you
acquired this product elsewhere, then local law may apply.
Miscellaneous
If any of the provisions of this agreement are held to be
invalid under any applicable statute or rule of law, they are,
to that extent, deemed omitted. Any delay by Amino in
exercising any of its rights shall not constitute a waiver of
any such right. This agreement constitutes the complete and
exclusive agreement between you and Amino with respect of
the subject matter hereof and supercedes all prior oral or
written understandings, communications or agreements. This
agreement may not be modified except in writing by a duly
authorized representative of Amino. All headings are for
convenience and shall have no effect on interpretation of this
Agreement.
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AmiNET530 Installation Guide
