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LICENSE
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1. General. The software and documentation accompanying this License whether
on disk, in read only memory, on any other media or in any other form (
collectively the “Software”) are licensed, not sold, to you by Homegear GmbH
(“Homegear”) for use only under the terms of this
License, and Homegear reserves all rights not expressly granted to you. The
rights granted herein are limited to Homegear’s intellectual property rights
in the Homegear Software and do not include any other patents or intellectual
property rights. You own the media on which the Homegear Software is recorded
but Homegear and/or Homegear's licensor(s) retain ownership of the Software
itself.
2. Permitted License Uses and Restrictions. Non-commercial usage of the
Software is free. Commercial usage requires the explicit permission of
Homegear. Except as and only to the extent expressly permitted in this
License or by applicable law, you may not decompile, reverse engineer,
disassemble, attempt to derive the source code of, modify, or create
derivative works of the Software or any part thereof. Any attempt to do so is
a violation of the rights of Homegear and its licensors of the Software. If
you breach this restriction, you may be subject to prosecution and damages.
THE SOFTWARE IS NOT INTENDED FOR USE IN WHICH THE FAILURE OF THE SOFTWARE
COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL
DAMAGE.
3. Transfer. You may not rent, lease, lend or sublicense the Software.
4. Termination. This License is effective until terminated. Your rights under
this License will terminate automatically without notice from Homegear 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 Homegear Software and destroy all
copies, full or partial, of the Homegear Software.
5. Limited Warranty on Media. Homegear warrants the media on which the
Software is recorded and delivered by Homegear to be free from defects in
materials and workmanship under normal use for a period of ninety (90) days
from the date of original retail purchase. Your exclusive remedy under this
Section shall be, at Homegear's option, either a refund of the purchase price
of the product containing the Software or replacement of the Software which
is returned to Homegear. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON
THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN
DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH
HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER
WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS
WHICH VARY BY JURISDICTION.
6. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF
THE 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 SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT
WARRANTY OF ANY KIND, AND DANGER AND DANGER’S LICENSORS (COLLECTIVELY
REFERRED TO AS “DANGER” FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR
A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT
OF THIRD PARTY RIGHTS. DANGER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR
ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL
MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE
CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DANGER SHALL
CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE
STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY
NOT APPLY TO YOU.
7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
SHALL DANGER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER
COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOU USE OR
INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF
LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF DANGER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event
shall Homegear's total liability to you for all damages (other than as may be
required by applicable law in cases involving personal injury) exceed the
amount of fifty Euro (€50.00). The foregoing limitations will apply even if
the above stated remedy fails of its essential purpose.