warranty does not cover any Software that has been altered or
changed in any way by anyone other than Whistler. Whistler is not
responsible for problems associated with or caused by incompatible
operating systems or equipment, or for problems in the interaction
of the Software with software not furnished by Whistler . No oral or
written information or advice given by Whistler or its dealers, distributors, employees or agents shall in any way extend, modify or
add to the foregoing warranty. THE WARRANTY AND REMEDY
PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. THE END-USER ASSUMES ALL RISK AS
TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE SOFTWARE. IN NO EVENT WILL WHISTLER, OR ITS DIRECTORS, OFFICERS,
EMPLOYEES OR AFFILIATES, BE LIABLE TO THE END-USER FOR ANY
CONSEQUENTIAL INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS,
EVEN IF WHISTLER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. WHISTLER'S LIABILITY TO THE END-USER (IF ANY)
FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER,
AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED
TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY
PAID TO WHISTLER FOR THE LICENSE OF THE SOFTWARE.
7. Enhancements.
From time to time Whistler may, in its sole discretion, advise the
End-User of updates, upgrades, enhancements or improvements to
the Software and/or new releases of the Software (collectively,
"Enhancements"), and may license the End-User to use such
Enhancements upon payment of prices as may be established by
Whistler from time to time. All such Enhancements to the Software
provided to the End-User shall also be governed by the terms of this
License. IN ORDER FOR THE END-USER TO BE ASSURED THAT IT
WILL BE ADVISED OF AND LICENSED TO USE ANY ENHANCEMENTS
TO THE SOFTWARE, THE END-USER MUST COMPLETE THE ONLINE
REGISTRATION FORM AT WWW.WHISTLERGROUP.COM OR CALL
1-800-531-0004.
8. General.
This License will be governed by and construed in accordance with
the laws of the state of Arkansas, and shall inure to the benefit of
Whistler and End-User and their successors, assigns and legal
representatives. If any provision of this License is held by a court
of competent jurisdiction to be invalid or unenforceable to any
extent under applicable law, that provision will be enforced to
the maximum extent permissible, and the remaining provisions of
this License will remain in full force and effect. Any notices or
other communications to be sent to Whistler must be mailed first
class, postage prepaid, to the following address:
This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof, and all prior
proposals, agreements, representations, statements and
undertakings are hereby expressly cancelled and superseded. This
Agreement may not be changed or amended except by a written
instrument executed by a duly authorized officer of Whistler.
9. Acknowledgment.
BY OPENING THIS PACKAGE, THE END-USER ACKNOWLEDGES
THAT IT HAS READ THIS LICENSE, UNDERSTANDS IT, AND AGREES
TO BE BOUND BY ITS TERMS AND CONDITIONS. Should you have
any questions concerning this License, contact Whistler at the
address set forth above.
The Whistler Group, Inc.
13016 North Walton Blvd.
Bentonville, AR 72712
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