End User License Agreement AverMedia Media Center

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End User License Agreement

This agreement is a legal agreement between you, the End User or Qualified End User, and AVerMedia Technologies, Inc. ("AVerMedia").Do not install or use the Files until you have read and accepted all of the license terms. By installing or using this Software and/or Files, you accept the terms and conditions of this license agreement

  • End User

End User means the person who purchases AVerMedia products distributed with a diskette containing the Software.

  • Qualified End User

For the purpose of update or upgrade, End User who purchases AVerMedia product which includes hardware and Software can download and use the Files provided in AVerMedia Website.

  • Files

Any File including without limitation AP, drivers and documentations as well as any future versions, improvements, developments, programming fixes, updates and upgrades thereof, provided in the AVerMedia Website for Qualified End User.

  • GRANT OF LICENSE

AVerMedia, as licensor, grants to you the licensee, a non-exclusive right to install and use the Software and/or Files in accordance with the terms contained in this license. You may not rent, lease, sublicense, modify, alter, reverse engineer, disassemble, de-complie, or create any derivative work of the Software and/or Files, or remove any copyright notice or proprietary legend contained in the Software and/or Files. You may also not reproduce the Software and/or Files unless for backup purpose.

  • OWNERSHIP OF SOFTWARE/ FILES

AVerMedia retains the copyright, title and ownership of the Software and/or Files. Use of the Software and/or Files is subject to the copyright laws of Taiwan and the competent laws. Use of any of the Software and/or Files in any manner that would violate the copyright laws of Taiwan and the country in which you are using the Software and/or Files is expressly forbidden. Further preproduction or redistribution of any Software and/or Files is expressly prohibited, unless such preproduction or redistribution is expressly permitted by the license agreement accompanying or included with such Files.

  • TERM

This License shall continue for as long as you use the Software and Files, except that it will terminate if you fail to comply with any term or condition of this Agreement.

  • LIMITED WARRANTY

AVerMedia warrants the media on which the Software is furnished to be free of defects in material and workmanship, under normal use, for a period of ninety (90) days following the date of delivery to you. If there is defect in the media, it will be replaced free of charge.

AVerMedia's entire and exclusive liability and remedy shall be limited to either, at AVerMedia's option, repair or replacement of the Software that does not meet AVerMedia's limited warranty or refund of the fee you paid for the product with a dated proof of purchase.

AVerMedia and its suppliers do not and can not warrant the performance or results you may obtain by using the Software or the accompanying items. The foregoing states the sole and exclusive remedy for AVerMedia's and its suppliers' breach of warranty. Except for the expressed warranty set forth above, AVerMedia grants no other warranties as to non-infringement or third party rights, merchantability, or fitness for any particular purpose. No oral or written information or advice given by AVerMedia, its resellers, agents, or employees shall create a warranty.

AVerMedia dose not warrant the Files provided in the AVerMedia Website. All Files available for download from the website are provided “AS IS” in connection with the Files, AVerMedia makes no warranties of merchantability, fitness for a particular purpose, of title or of non-infringement of third party rights. Use of the Files is deeded acceptance of these terms.

  • LIMITATION OF LIABILITY

In no event will AVerMedia be liable for any damages, including any loss of profits, or other incidental or consequential damages, arising out of your use or inability to use the Software or written material, even if AVerMedia has been advised of the possibility of such damages.

  • Export Compliance

You agree not to use or otherwise export or reexport, directly or indirectly, the Software and/or Files except as authorized by Taiwan law and the competent laws of the jurisdiction that Software and/or Files was obtained. The Software and/or Files may not be exported or reexported (i) to any U.S. embargoed country (currently Cuba, Iran, Libya, North Korea, Sudan and Syria) or (ii) to an end-user or end-use prohibited by Taiwan law or the laws of the jurisdiction that the Files was obtained. By downloading or using the Software and/or Files, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country and are not

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