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90 lines
3.9 KiB
Plaintext
90 lines
3.9 KiB
Plaintext
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Software License Agreement
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Please read the terms and conditions of this license agreement (the "License"
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before installing the computer software (the "PowerPanel")
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By installing and using the PowerPanel you accept and agree to the terms of this
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License. This License constitutes the entire agreement concerning the PowerPanel
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between you and Cyber Power Systems, Inc. ("CyberPower") and it supersedes any
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prior proposal or representation.
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If you do not agree with these terms and conditions, promptly un-install the
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PowerPanel.
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The term "PowerPanel" includes, and these terms and conditions also apply to,
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any updates, modifications and upgrades to the PowerPanel that you may receive
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from time to time.
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1. License Grant
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This License permits you to use the PowerPanel solely for your use per the
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purchased products which the PowerPanel is accompanied by of CyberPower.
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You agree that you will not sub-license, assign, transfer, distribute, pledge,
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lease, rent or share your rights under this License except with prior written
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permission from CyberPower.
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You agree that you will not modify, adapt or translate, disassemble, decompile,
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reverse engineer or otherwise attempt to discover the source code of the
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PowerPanel.
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2. CyberPower's Rights
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You acknowledge and agree that the PowerPanel is proprietary products of
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CyberPower under international copyright law and disclosed to you by CyberPower
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in confidence.
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You shall take all reasonable steps to safeguard the PowerPanel.
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CyberPower owns and retains all copyright- , trademark-, trade secret- and other
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proprietary rights in and to the Licensed Products.
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This License conveys only a non-exclusive and limited right of use to you,
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revocable in accordance with the terms and conditions of this License.
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3. Limitation of Liability
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YOU AGREE THAT ALL INFORMATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
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KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO WARRANTIES OF ANY KIND, AND THERE
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ARE NO WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR PARTICULAR PURPOSE.
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IN ADDITION, CYBERPOWER MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING
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INTELLECTUAL PROPERTY, AND CYBERPOWER PROVIDES NO INDEMINIFICATIONS IN THIS
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REGARD.
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In no event shall CyberPower be liable for any damages to you or any other
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party whether arising out of contract or from tort including loss of data,
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profits or business, or other special, incidental, exemplary or consequential
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damages, even if CyberPower has been advised of the possibility of such loss
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or damages. CyberPower's cumulative liability shall not exceed the amount paid
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by you for the purchased product of CyberPower which the PowerPanel is
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accompanied by within ONE YEAR, if any, for use of the PowerPanel.
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This section shall survive termination of this License.
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4. Disclaimers
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CYBERPOWER DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED,
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INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR
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PURPOSE.
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CyberPower does not warrant that the PowerPanel, its use, operation or your
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ability to use the PowerPanel will be uninterrupted or error-free or that all
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software errors will be corrected, including any defect or problems caused by
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any defect in any hardware or software used in combination with the PowerPanel,
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or use of the PowerPanel in execution environments.
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CyberPower does not warrant that the PowerPanel or service will meet your
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equirements or that the operation of the PowerPanel will be uninterrupted or
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error free.
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5. Termination
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This agreement is in effect until terminated.
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The agreement may be terminated by CyberPower without any reason from time to
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time.
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The agreement also terminates if you fail to comply with any terms and
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conditions of this agreement. In such an event, you agree to destroy and erase
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all copies of the PowerPanel, and CyberPower will be entitled to all remedies
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in accordance with applicable law.
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