reverse engineer the Software, or engage in any other activities to obtain underlying
information that is not visible to the user in connection with normal use of the Software.
In particular, you agree not for any purpose to transmit the Software or display the
Software’s object code on any computer screen or to make any hardcopy memory dumps
of the Software’s object code. If you believe you require information related to the
interoperability of the Software with other programs, you shall not decompile or
disassemble the Software to obtain such information, and you agree to request such
information from SoniqCast at the address listed below. Upon receiving such a request,
SoniqCast shall determine whether you require such information for a legitimate purpose
and, if so, SoniqCast will provide such information to you within a reasonable time and
on reasonable conditions. In any event, you will notify SoniqCast in writing of any
information derived from reverse engineering or such other activities, and the results
thereof will constitute the confidential information of SoniqCast that may be used only in
connection with the Software.
10) Termination
. The license granted to you is effective until terminated. You may terminate
it at any time by returning the Software (including any portions or copies thereof) to
SoniqCast or the place where you purchased the Software or related products. The license
will also terminate automatically without any notice from SoniqCast if you fail to comply
with any term or condition of this Agreement. You agree upon such termination to return
the Software (including any portions or copies thereof) to SoniqCast. Upon termination,
SoniqCast may also enforce any rights provided by law. The provisions of this
Agreement that protect the proprietary rights of SoniqCast will continue in force after
termination.
11) No Warranty
. SoniqCast does not warrant that the functions contained in the Software
will meet your requirements or that the operation of the Software will be uninterrupted,
error-free or free from malicious code. For the purposes of this paragraph, “malicious
code” means any program code designed to contaminate other computer programs or
computer data, consume computer resources, modify, destroy, record, or transmit data, or
in some other fashion usurp the normal operation of the computer, computer system, or
computer network, including viruses, Trojan horses, droppers, worms, logic bombs, and
the like.
12) Indemnification by You
. If you use or distribute the Software in violation of this
Agreement, you hereby indemnify, hold harmless and defend SoniqCast from and against
any and all claims or lawsuits, including attorney’s fees and costs that arise, result from
or are connected with the use or distribution of the Software in violation of this
Agreement.
13) NO WARRANTY. THE SOFTWARE IS PROVIDED AS-IS WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT.
SONIQCAST IS NOT OBLIGATED TO PROVIDE ANY UPDATES, UPGRADES OR
TECHNICAL SUPPORT FOR THE SOFTWARE. Further, SoniqCast shall not be liable
for the accuracy of any information provided by SoniqCast or third party technical
support personnel, or any damages caused, either directly or indirectly, by acts taken or
omissions made by you as a result of such technical support. You assume full
responsibility for the selection of the Software to achieve your intended results, and for
the installation, use and results obtained from the Software. You also assume the entire
risk as it applies to the quality and performance of the Software. Should the Software
prove defective, you (and not SoniqCast, or its distributors or dealers) assume the entire
cost of all necessary servicing, repair or correction. Some countries/states do not allow
the exclusion of implied warranties, so the above exclusion may not apply to you.
SoniqCast disclaims all warranties of any kind if the Software was customized,
repackaged or altered in any way by any third party other than SoniqCast.
14) LIMITATION OF REMEDIES AND DAMAGES. IN NO EVENT WILL SONIQCAST
OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY BODILY INJURY
(INCLUDING DEATH) TO ANY PERSONS CAUSED BY SONIQCAST’S
NEGLIGENCE, OR FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE,
LOST REVENUES OR LOST DATA ARISING FROM OR RELATING TO THE
SOFTWARE OR THIS AGREEMENT, EVEN IF SONIQCAST OR ITS LICENSORS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT WILL SONIQCAST’S LIABILITY OR DAMAGES TO YOU OR ANY
OTHER PERSON EVER EXCEED THE AMOUNT PAID BY YOU TO USE THE
SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM. Some countries/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 you.
15) PRODUCT RETURNS
. IF YOU MUST SHIP THE SOFTWARE TO SONIQCAST OR
AN AUTHORIZED SONIQCAST DISTRIBUTOR OR DEALER, YOU MUST
PREPAY SHIPPING AND EITHER INSURE THE SOFTWARE OR ASSUME ALL
RISK OF LOSS OR DAMAGE IN TRANSIT.
16) U.S. Government Restricted Rights
. All Software and related documentation are
provided with restricted rights. Use, duplication or disclosure by the U.S. Government is
subject to restrictions as set forth in subdivision (b)(3)(ii) of the Rights in Technical Data
and Computer Software Clause at 252.227-7013. If you are using the Software outside of
the United States, you will comply with the applicable local laws of your country, U.S.
export control law, and the English version of this Agreement.
17) Contractor/Manufacturer. The Contractor/Manufa cturer for the Software is: SoniqCast,
LLC, 4400 Baker Road, Minnetonka, MN 55343.
18) General
. This Agreement is binding on you as well as (if you represent an entity) any
employees, employers, contractors and agents, and on any successors and assignees.
Neither the Software nor any information derived therefrom may be exported except in
accordance with the laws of the U.S. or other applicable provisions. This Agreement is
governed by the laws of the State of Minnesota (except to the extent federal law governs