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End user license agreement
End user license agreement
IMPORTANT: READ CAREFULLY BEFORE DOWNLOADING ORINSTALLING THISSOFTWARE!
THISEND USER LICENSE AGREEMENT (THIS“EULA”) ISA LEGAL AGREEMENT BETWEEN YOU AND AUDIOVOX CORPORATION AND, AS
APPLICABLE, ANY AUDIOVOX SUBSIDIARY, ASDEFINED BELOW (COLLECTIVELY “AUDIOVOX”), FORTHERCA BRANDED PORTABLE
DIGITAL AUDIO/VIDEO DEVICE APPLICATION/DRIVER SOFTWARE PROGRAM WHICH MAY INCLUDEASSOCIATED SOFTWARE
COMPONENTS, SOFTWARE LICENSED BY AUDIOVOX FROM THIRD PARTIES (“LICENSORS”) AND ASSOCIATED DOCUMENTATION, IF ANY
(COLLECTIVELY, THE“PROGRAM”). THISEULA CONTAINSIMPORTANT LEGAL LIMITATIONS, RESTRICTIONSAND DISCLAIMERS, AND
ALSO SPECIFIES THEDURATION OF YOURLICENSE.
BY INSTALLING THEPROGRAM ORCLICKING ON THEACCEPTANCE BUTTON OF THEPROGRAM, COPYING OROTHERWISE USING THE
PROGRAM, YOU ACKNOWLEDGEAND AGREE THAT YOU HAVEREAD THISEULA, UNDERSTAND IT, AND AGREE TO BEBOUND BY ITS
TERMSAND CONDITIONS. THISPROGRAM ISPROTECTED BY COPYRIGHT LAWSAND INTERNATIONAL COPYRIGHT TREATIES, ASWELL
ASOTHER INTELLECTUAL PROPERTY LAWSAND TREATIES. YOU MAY USE THEPROGRAM ONLY IN ACCORDANCE WITH THISEULA,
AND ANY SUCH USE ISHEREBY UNDERSTOOD TO BECONDITIONAL UPON YOURSPECIFICAGREEMENT TO THEUNMODIFIED TERMS
SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ALL OF THETERMSOF THISEULA, CLICK ON THEREJECTION BUTTON AND/ORDO
NOT INSTALL THEPROGRAM AND/ORDO NOT USE THEPROGRAM.
1. LICENSE
(a) Under this EULA, you are granted a non-exclusive, non-sublicenseable, non-assignable and non-transferable (except as expressly
set forth below) license (i) to use and install the Program on a single workstation, and (ii) to make one (1) copy of the Program
into any machine-readable form for backup of the Program, provided the copy contains all of the original Program’s proprietary
notices.
(b) You may transfer the Program and license to another party only as a part of the RCA branded Portable Digital Audio/Video Device
(“A/V Device”), and only if the other party agrees to accept the terms and conditions of this EULA. If you transfer the Program,
you must at the same time either transfer all copies to the same party or destroy any copies not transferred.
(c) The terms of this EULA will govern any software upgrades or updates provided by AUDIOVOX that replace and/or supplement the
original Program, unless such upgrade or update is accompanied by separate license terms and conditions in which case the
terms of that separate license will govern. You acknowledge and agree that AUDIOVOX may automatically download upgrades or
updates to the Program software to your computer in order to update, enhance, and/or further develop the Program.
2. LICENSE RESTRICTIONS
(a) Except for the licenses expressly granted to you in this EULA, no other licenses or rights are granted or implied.
(b) You may not (i) make the Program available over a network where it could be used by multiple computers at the same time; (ii)
modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by
law), or create derivative works based upon the Program; (iii) copy the Program, except as expressly permitted herein; (iv) remove
or alter any copyright notices on all copies of the Program; or (v) rent, lease or lend the Program. You agree that you shall only
use the Program in a manner that complies with all applicable laws in the jurisdictions in which you use the Program, including,
but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
(c) The Program may contain pre-release code that does not perform at the level of a final code release. In such case, the Program
may not operate properly. Updated versions of the Program may be downloaded from www.rcaaudiovideo.com/downloads
(d) AUDIOVOX is not obligated to provide support services for the Program.
(e) The Program is provided with “RESTRICTED RIGHTS”. Use, duplication, or disclosure by the U.S. Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of DFARS 252.227-7013, or FAR52.227-19, or in FAR52.227-14 Alt. III, as
applicable.
3. TERM AND TERMINATION
(a) Your license is effective on the date you accept this EULA and remains in effect until this EULA is terminated by either party.
(b) You may terminate this EULA and the associated license, without any notice or delay, by destroying or permanently erasing the
Program and all copies thereof.
(c) If you fail to comply with any of the terms of this EULA, in whole or part, your license will automatically terminate without notice
from AUDIOVOX.
(d) Upon termination of this EULA and your associated license, you shall cease all use of the Program and destroy or permanently
erase the Program and all full or partial copies thereof.
4. WARRANTY DISCLAIMER
THEPROGRAM ISPROVIDED “ASIS”WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED ORIMPLIED, INCLUDING, BUT NOT
LIMITED TO THEIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FORA PARTICULARPURPOSE, TITLEORNON-INFRINGEMENT.
THEENTIRE RISK ASTO THEQUALITY AND PERFORMANCE OF THEPROGRAM ISWITH YOU. SHOULD THEPROGRAM PROVE
DEFECTIVE, YOU (AND NOT AUDIOVOX, ITSSUPPLIERS, ORITSDEALERS) ASSUMETHEENTIRE COST FORALL NECESSARY REPAIROR
CORRECTION.
This exclusion of warranty may not be allowed under some applicable laws. As a result, the above exclusion may not apply to you,
and you may have other rights depending on the law that applies to you.
This is a copy of the EULA that you need to agree to in order to use this product.