16
GROM AUDIO USB Car Interface Adapter (hereinafter referred to as ‘PRODUCT’) and its related software THIS IS A LEGAL
AGREEMENT BETWEEN YOU, AS THE END USER, AND GROM Audio (“GROM”). PLEASE CAREFULLY READ THE TERMS AND
CONDITIONS OF THIS AGREEMENT BEFORE USING THE GROM PRODUCTS. BY USING THE GROM PRODUCTS AND
SOFTWARE THIS INSTALLED ON THE GROM PRODUCTS, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF
AGREEMENT. SINCE GROM DOES NOT INSTALL THIS EQUIPMENT, GROM DISCLAIMS ANY LIABILITY FOR IMPROPER
INSTALLATION OF THE GROM AUDIO OR THE ‘AFTER-MARKET’ EQUIPMENT (INPUTS). FURTHER, THE ‘END USER’
ACKNOWLEDGES THAT THE PRODUCT AND ITS SOFTWARE ARE NOT INHERENTLY DANGEROUS AND DO NOT PROVIDE
ANY INHERENT RISKS AND THEREFORE POTENTIAL DAMAGES TO THE END-USER, OTHER THAN ‘Fitness for its Purpose’. As
manufacturers continuously develop and modify stereo receiver models, they may cause you to experience some technical difficulties. If
the product does not operate properly, please contact technical department promptly at
www.gromaudio.com/support.html.
5.3 GRANT OF LICENSE
GROM grants to you a non-transferable, non-exclusive license to use the PRODUCT and its software installed on the GROM product
(the “PRODUCTS”) and the related documentation solely for your own personal use or for internal use by your business, only on such
GROM PRODUCTS. You shall not copy, reverse engineer, translate, port, modify or make derivative works of the Software contained in
the PRODUCT. You shall not loan, rent, disclose, publish, sell, assign, lease, sublicense, market or otherwise transfer the Software in
the PRODUCT or use it in any manner not expressly authorized by this agreement. You shall not derive or attempt to derive the source
code or structure of all or any portion of the Software in the PRODUCT by reverse engineering, disassembly, recompilation, or any other
means. You shall not use the Software in the PRODUCT to operate a service bureau or for any other use involving the processing of
data for other persons or entities. GROM and its licensor(s) shall retain all copyright, trade secret, patent and other proprietary
ownership rights to the Software in the PRODUCT. You may transfer all of your license rights in the Software or the PRODUCT, the
related documentation and a copy of this License Agreement And Warranty to another party, provided that the party reads and agrees to
accept the terms and conditions of this License Agreement And Warranty.
5.4 OPERATIONAL WARNING AND SAFETY INSTRUCTIONS
(A) EXCEPT AS OTHERWISE CONTAINED HEREIN, the PRODUCTS and related documentation are provided to you, “AS IS”.
IN NO EVENT SHALL GROM BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY YOU (INCLUDING WITHOUT
LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST
PROFITS, LOST SALES OR BUSINESS EXPENDITURES, INVESTMENTS, OR COMMITMENTS IN CONNECTION WITH ANY
BUSINESS, LOSS OF ANY GOODWILL, OR DAMAGES. THE TERM ‘INCIDENTAL DAMAGES’ REFERS TO THE EXPENSES OF
TRANSPORTING THE PRODUCTS TO THE GROM AUDIO SERVICE CENTER, LOSS OF THE END-USERS [ORIGINAL
PURCHASER’S] TIME, LOSS OF THE USE OF THE PRODUCT, BUS FARES, CAR RENTALS OR OTHER COSTS RELATED TO
THE CARE AND CUSTODY OF THE PRODUCT. THE TERM ‘CONSEQUENTIAL DAMAGES’ REFERS TO THE COST OF
REPAIRING OR REPLACING OTHER PROPERTY, WHICH IS DAMAGED WHEN THIS PRODUCT DOES NOT WORK PROPERLY,
RESULTING FROM THE USE OR INABILITY TO USE THE PRODUCTS, INCLUDING ANY DAMAGES INCURRED DUE TO THE
NEGLIGENT OPERATION OF A MOTOR VEHICLE, IN CONJUNCTION WITH THE USE OF SAID PRODUCTS. THE END-USER
ACKNOWLEDGES ITS RESPONSIBILITY FOR THE USE OF THE PRODUCT. THE ADDITION OF GROM PRODUCTS AND ANY
AFTER-MARKET EQUIPMENT MAY ENHANCE THE VALUE OF A VEHICLE OR CAUSE A THIRD-PARTY TO ILLEGALLY
ATTEMPT TO REMOVE THE PRODUCTS AND AFTER-MARKET EQUIPMENT. GROM DISCLAIMS ANY LIABILITY RELATED TO
SUCH THEFT AND POTENTIAL DAMAGE TO PROPERTY. IT IS THE END-USERS RESPONSIBILITY TO PROTECT ITS OWN
PROPERTY. THE END-USER FURTHER ACKNOWLEDGES THAT THE OPERATION OF A MOTOR VEHICLE IS AN INHERENTLY
DANGEROUS ACTIVITY, AND BY ITS USE OF GROM’S PRODUCTS, ACKNOWLEDGES THAT THE PRODUCTS ARE
REMOTELY RELATED TO SAID MOTOR VEHICLE OPERATION, AND THUS ANY DAMAGES CAUSED TO THE DRIVER OF THE
VEHICLE, THE VEHICLE ITSELF OR ANY THIRDPARTY AND ITS PROPERTY IS NOT THE RESPONSIBILITY OF GROM, ITS AGENTS OR ITS PRINCIPALS AND IS THE SOLE
RESPONSIBILITY OF THE DRIVER OF SAID VEHICLE.
YOU, THE END-USER, OR ANY OTHER DRIVER OF THE VEHICLE, IS SOLELY RESPONSIBLE FOR THE SAFE OPERATION OF
THE VEHICLE AND THE SAFETY OF BOTH YOU AND THE PASSENGERS. FOR SAFETY PURPOSES, THE PRODUCT SHOULD
NOT BE USED FOR THE DRIVER’S ENTERTAINMENT, WHILE THE VEHICLE IS BEING DRIVEN. SUCH USE COULD BE A
DISTRACTION TO THE DRIVER, WHICH COULD CAUSE AN ACCIDENT LEADING TO SERIOUS INJURY OR DEATH. IF YOU, THE
END-USER ALLOW ANOTHER PERSON TO USE THE VEHICLE, IT IS YOUR RESPONSIBILITY TO THOROUGHLY BRIEF THAT
OTHER USER, ON THE SAFETY REQUIREMENTS FOR OPERATING THE VEHICLE AND THE PRODUCTS INSTALLED THEREIN.
(B) SAID DISCLAIMERS SHALL APPLY TO THE USE OF SAID PRODUCTS, EVEN IF GROM HAS BEEN INFORMED OF, KNEW OF,
OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION
IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION: BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE,
STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. IF GROM’S WARRANTY DISCLAIMER OR LIMITATION OF
LIABILITY SET FORTH IN THIS AGREEMENT SHALL, OR FOR ANY REASON WHATSOEVER, BE HELD UNENFORCEABLE OR
INAPPLICABLE, YOU AND ANY OTHER END USER AGREE THAT GROM’S LIABILITY SHALL NOT EXCEED (70%) OF THE PRICE
PAID FOR THE ENCLOSED GROM PRODUCT.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion
may not apply to you. This Warranty Disclaimer and Limitation of Liability shall not be applicable to the extent that any federal,
state, or local law, which cannot be preempted, prohibits any provision of this Warranty.
Any use of the PRODUCTS where it is illegal to do so, may be used against you as evidence of negligence in the event of an
auto accident or other traffic infraction.
5.5 OTHER PROVISIONS: