BEFORE USING EDWIN THE DUCK, YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. BY USING EDWIN YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS AGREEMENT AS LICENSEE OF THE COMPUTER SOFTWARE INCLUDED WITHIN EDWIN ("LICENSED SOFTWARE"). IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU SHOULD PROMPTLY RETURN EDWIN FOLLOWING LICENSOR'S RETURN POLICY FOR A FULL REFUND OF YOUR PURCHASE PRICE.
1. License Grant. Subject to the terms and conditions of this Agreement pi lab, LLC, an Indiana limited liability company (the "Licensor"), grants to you a non-exclusive license to possess the copy of the Licensed Software included in Edwin (the "Device") in machine-readable form and to use the Licensed Software in the Device.
2. Restrictions. No license or right is granted to use, reproduce, copy, translate, rearrange, modify, enhance, display, sell, lease, sublicense, or otherwise distribute, transfer or dispose of the Licensed Software in whole or in part, except as expressly provided in this Agreement. Neither you nor anyone acting on your behalf shall reverse engineer, reverse-assemble or reverse-compile the Licensed Software in whole or in part. Neither you nor anyone acting on your behalf shall investigate, research, or pursue any course of effort to acquire knowledge about the logic, structure or communication codes of or in the Licensed Software, or create or use any computer program or device to read the Licensed Software or communication codes.
3. Title. Title to the Licensed Software and to all intellectual property rights, including, without limitation, patent, trademark, copyright, and trade secret rights in and to the Licensed Software are and shall remain in Licensor.
4. Proprietary, Copyright, and Trade Secret Notices. You shall not remove any proprietary, copyright, or trade secret notices from the Licensed Software or the Device.
5. Confidentiality. The source code, object code, communication codes, and other information associated with the Licensed Software is confidential information of the Licensor. If such confidential information becomes known to you or any of your agents in connection with the license granted by this Agreement, you shall maintain the secrecy of, and shall refrain from using, disclosing or otherwise exploiting for any purpose not authorized in writing by Licensor, such confidential information. In addition to any other rights or remedies which may be available to Licensor, Licensor (without being required to post any bond or other security) shall be entitled to appropriate injunctive relief against you or your agents in the event of any breach of this Section 5. You acknowledge and agree that any unauthorized use or disclosure will cause irreparable injury to Licensor and that money damages will not provide adequate remedy.
6. Limited Warranty; Disclaimer. THE LICENSED SOFTWARE AND THE DEVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED SOFTWARE OR THE DEVICE. LICENSOR SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO SOME LICENSEES.
7. Limitation of Liability. LICENSOR SHALL NOT BE HELD TO ANY LIABILITY WITH RESPECT TO ANY CLAIM BY YOU, OR ANY THIRD PARTY ON ACCOUNT OF, OR ARISING FROM THE DESIGN OF, THE DECISION TO USE, OR USE OF THE LICENSED SOFTWARE OR THE DEVICE.
LICENSOR'S LIABILITY TO YOU UNDER THIS AGREEMENT FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, IS LIMITED TO AN AMOUNT EQUAL TO ANY AMOUNTS PAID BY YOU FOR THE PURCHASE PRICE OF THE DEVICE. IN NO EVENT WILL LICENSOR BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE OR NATURE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR SHALL NOT BE RESPONSIBLE FOR FAILURE TO FULFILL ITS OBLIGATIONS UNDER THIS AGREEMENT DUE TO CAUSES BEYOND ITS CONTROL.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO SOME LICENSEES.
8. Term and Termination. The license granted in this Agreement is effective upon use of the Device. You may terminate the license granted in this Agreement by returning the Device along with the Licensed Software to Licensor. This license is automatically terminated if you fail to comply with any term of this Agreement. You agree upon such termination to return the Device and the Licensed Software to Licensor.
9. Choice of Law. This Agreement shall be governed by, and construed in accordance with, the law of the State of Indiana.