END USER LICENSE AGREEMENT - Midtronics
Consent to Collection and Use of Data:
You agree that Midtronics, Inc. may collect, store, transmit, and use technical data and related information, including but not limited to technical information about this device, system and application software, and accessories, that is gathered periodically to facilitate the provision of product support, product improvements, product development, and other services related to use of this device. If electing to collect personal data (such as e-mail addresses) the user is solely responsible for obtaining any necessary permissions, and agrees to indemnify and hold harmless Midtronics, Inc. its subsidiaries, officers, employees and agents from any liability associated with collecting, storing, and transmitting such personal data.
By buying our product, a software license is made available, not sold, to you. Your license to our product is subject to your prior acceptance of this End User License Agreement. This license is and remains owned by Midtronics Inc. You are not allowed to copy or distribute our product, nor modify or disable any control features.
The licensed product and related documentation are “Commercial Items”. The software and software documentation are being licensed to end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users accepting and following the hereby included terms and conditions. Unpublished rights are reserved under the copyright laws of the United States.
Updates and alterations made to the (decompiling) software are only allowed to be made by Midtronics service centers.
b. Marking and maintenance of copyright:
You are not allowed to remove or change the marking of the copyright from the product and all of its copies.
c. Limited warranty:
Midtronics does not warrant that the software product is error or bug free, or perform or function as intended. In the event that the software product is found to be defective, you may be afforded with the available product support.
d. Support information:
Technical information shared with the Midtronics service team, may be used by Midtronics with a view to supporting and developing its products.
e. Limitation of liability:
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR 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 YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR 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.