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This End User License Agreement (“EULA” or “Agreement”) is an agreement under which Getac Technology Corporation (“Getac”) agrees to grant the license to install and/or use the software stated at the front of this Agreement (“Licensed Software”) to the purchaser (“Customer”) as of the time when the Licensed Software was installed. Pursuant to the terms and conditions of this Agreement, Getac grants to Customer a non-exclusive, non-transferable, non-distributable, non-assignable, non-sublicensable license to install and/or use the Licensed Software.
Please read the terms and conditions contained herein carefully before installing and/or using the Licensed Software. Installation and/or use of this Licensed will be regarded as an acceptance of these terms and conditions. As Customer, you may agree to these terms and conditions by clicking “Yes” and install and/or use the Licensed Software; however, if you do not agree to the terms and conditions contemplated herein, please click “No” and do not further install and/or use the Licensed Software.
Customer is hereby granted the license to install and/or use the Licensed Software on certain number of Getac product (“Product”) according to the purchased quantity in bulk. Only one copy per Product may be installed unless otherwise permitted by Getac in writing. The license granted to Customer hereby will cease after a specified time period as mutually agreed upon by Getac and Customer. The Licensed Software usage is time limited, and after expiration of which it may be disabled unless otherwise further granted by Getac at its sole discretion. Getac may, in addition to any other remedies available to Getac, terminate this Agreement immediately if Customer breaches any of its obligations under this Agreement.
The installation and/or use of Licensed Software shall be in the manner consistent with the design or documentations of the Licensed Software. Customer shall not reverse engineer, decompile, disassemble or attempt to discover the source code for or any trade secrets related to the Licensed Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Customer is not allowed to adapt, modify, alter, translate, create, or reproduce the Licensed Software and any derivative works thereof.
The copyright and all other intellectual property rights and the written materials so derived from, regardless of the form or media, in the Licensed Software are the property of Getac or its supplier(s)/licensor(s), if any. Getac also reserved the right which is not expressly stated in this Agreement.
THIS LICENSED SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND IS NOT DELIVERED FAIL-SAFE. GETAC MAKES NO WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE, OF THE LICENSED SOFTWARE AND THE INFORMATION CONTAINED THEREIN. GETAC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, LICENSED SOFTWARE AND RELATED SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.
GETAC DOES NOT WARRANT THAT THE LICESED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN ADVICE GIVEN BY GETAC AS TO THE LICENSED SOFTWARE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND CUSTOMER MAY NOT RELY ON ANY SUCH ADVICE.
GETAC, IN ON EVENT, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTION WITH THE USE, PERFORMANCE OR ACCURACY OF THE LICENSED SOFTWARE OR WITH THE DELAY OR INABILITY TO USE THE LICENSED SOFTWARE, OR THE PRODUCT WITH WHICH THE LICENSED SOFTWARE IS ASSOCIATED, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GETAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Agreement shall be governed and construed by and under the laws of Republic of China, regardless of its rules of conflict of laws. If any part, term, or provision of this Agreement shall be found illegal, invalid or in conflict with any applicable law, the validity of the remaining provisions hereof shall not be affected thereby. This Agreement constitutes the entire agreement between the parties concerning the treatment of information to which this Agreement relates, and supersedes all previous and contemporaneous understandings, agreements, communications and representations between the parties respecting the subject matter hereof.