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END USER LICENSE AGREEMENT
(Microsoft)
You have acquired a device (“DEVICE”) that includes software
licensed by Alpine Electronics, Inc. (collectively “ALPINE”) from
an affiliate of Microsoft Corporation (collectively “MS”). Those
installed software products of MS origin, as well as associated
media, printed materials, and “online” or electronic
documentation (“SOFTWARE”) are protected by international
intellectual property laws and treaties. The SOFTWARE is
licensed, not sold. All rights reserved.
IF YOU DO NOT AGREE TO THIS END USER LICENSE
AGREEMENT (“EULA”), DO NOT USE THE DEVICE OR COPY
THE SOFTWARE INSTEAD, PROMPTLY CONTACT ALPINE FOR
INSTRUCTIONS ON RETURN OF THE UNUSED DEVICE(S) FOR
A REFUND. ANY USE OF THE SOFTWARE, INCLUDING BUT
NOT LIMITED TO USE ON THE DEVICE, WILL CONSTITUTE
YOUR AGREEMENT TO THIS EULA (OR RATIFICATION OF ANY
PREVIOUS CONSENT).
GRANT OF SOFTWARE LICENSE,
This EULA grants you the following license: You may use the
SOFTWARE only on the DEVICE.
NOT FAULT TOLERANT.
THE SOFTWARE IS NOT FAULT TOLERANT. ALPINE HAS
INDEPENDENTLY DETERMINED HOW TO USE THE SOFTWARE
IN THE DEVICE, AND MS HAS RELIED UPON ALPINE TO
CONDUCT SUFFICIENT TESTING TO DETERMINE THAT THE
SOFTWARE IS SUITABLE FOR SUCH USE.
NO WARRANTIES FOR THE SOFTWARE,
THE SOFTWARE is provided “AS IS“ and with all faults. THE
ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY, AND EFFORT (INCLUDING
LACK OF NEGLIGENCE) IS WITH YOU. ALSO, THERE IS NO
WARRANTY AGAINST INTERFERENCE WITH YOUR
ENJOYMENT OF THE SOFTWARE OR AGAINST
INFRINGEMENT. IF YOU HAVE RECEIVED ANY WARRANTIES
REGARDING THE DEVICE OR SOFTWARE THOSE
WARRANTIES DO NOT ORIGINATE FROM, AND ARE NOT
BINDING ON, MS.
NO LIABILITY FOR CERTAIN DAMAGES.
EXCEPT AS PROHIBITED BY LAW, MS SHALL HAVE NO
LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL
OR THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF
ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO
EVENT SHALL MS BE LIABLE FOR ANY AMOUNT IN EXCESS
OF U.S. TWO HUNDRED FIFTY DOLLARS (U.S. $250.00).
LIMITATIONS ON REVERSE ENGINEERING,
DECOMPILATION, AND DISASSEMBLY
You may not reverse engineer, decompile, or disassemble the
SOFTWARE, except and only to the extent that such activity is
expressly permitted by applicable law notwithstanding this
limitation.
ADDITIONAL SOFTWARE/SERVICES.
The SOFTWARE may permit ALPINE, MS, Microsoft Corporation
or their affiliates to provide or make available to you SOFTWARE
updates, supplements, add-on components, or Internet – base
service components of the SOFTWARE after the date you obtain
your initial copy of the SOFTWARE (“Supplemental
Components”).
• If ALPINE provides or makes available to you
Supplemental Components and no other EULA terms are
provided along with the Supplemental Components, then
the terms of this EULA shall apply.
• If MS, Microsoft Corporation or their affiliates make
available Supplemental Components, and no other EULA
terms are provided, then the terms of this EULA shall
apply, except that MS, Microsoft Corporation or affiliate
entity providing the Supplemental Component(s) shall be
licensor of the Supplemental Component(s).
• ALPINE, MS, Microsoft Corporation and their affiliates
reserve the right to discontinue any Internet-based
services provided to you or made available to you through
the use of the SOFTWARE.
RECOVERY MEDIA.
If SOFTWARE is provided by ALPINE on separate media and
labeled “Recovery Media” you may use the Recovery Media
solely to restore or reinstall the SOFTWARE originally installed on
the DEVICE.
UPGRADES.
If the SOFTWARE is provided by ALPINE separate from the
DEVICE on separate media or via web download or other
means, and is labeled “For Upgrade Purposes Only” you may
install one (1) copy of such SOFTWARE onto the DEVICE as a
replacement copy for the existing SOFTWARE, and use it in
accordance with this EULA, including any additional EULA terms
accompanying the upgrade SOFTWARE.
TERMINATION.
Without prejudice to any other rights, ALPINE or MS may
terminate this EULA if you fail to comply with the terms and
conditions of this EULA. In such event, you must destroy all
copies of the SOFTWARE and all of its component parts.