1.Definitions
1.1"Documentation" means the user guides for installation and use of the Program that Vendor makes generally available.
1.2"Program" means the Vendor software entitled PhatBoxTM Linux Interface, in object code form only, and the media, Documentation and any updates provided by Vendor to You and for which You are granted a license pursuant to this Agreement.
2.Program license
2.1Limited License. Vendor hereby grants to You a limited, non-exclusive, non-transferable license (without the right to sublicense):
(a)to use a single copy of the Program solely for Your own personal non-commercial use on the equipment on which the Program was first installed for production operation or, on a temporary basis, on a backup system if such equipment is inoperative, consistent with the limitations specified or referenced in this Agreement and the Documentation;
(b)to use the Documentation provided with the Program in support of Your authorized use of the Program; and
(c)to copy the Program for archival or backup purposes, and to make a sufficient number of copies for the intended use described in the Documentation, provided that all titles and trademark, copyright and restricted rights notices are reproduced on all such copies.
2.2Restrictions. You will not copy or use the Program (including the Documentation) except as expressly permitted by this Agreement. You will not relicense, sublicense, rent or lease the Program or use the Program for third-party training, commercial time-sharing or service bureau use. You will not, and will not permit any third party to, reverse engineer, disassemble or decompile any Program, except to the extent expressly permitted by applicable law, and then only after You have notified Vendor in writing of Your intended activities. You will not use the Program on multiple processors without the prior written consent of Vendor. You will not use the Program for real-time broadcasting (terrestrial, satellite, cable or other media) or broadcasting via Internet or other networks, including but not limited to intranets, etc., or in pay-audio or audio-on-demand applications. You will not use the Program to reproduce copyrighted music or other audio recordings for commercial purposes, unless you have the express, written permission of the owners of those copyrights.
2.3Ownership. Vendor will retain all right, title and interest in and to the patent, copyright, trademark, trade secret and any other intellectual property rights in the Program and any derivative works thereof, subject only to the limited licenses set forth in this Agreement. You do not acquire any other rights, express or implied, in the Program other than those rights expressly granted under this Agreement.
2.4No Support. Vendor has no obligation to provide support, maintenance, upgrades, modifications or new releases under this Agreement.
3.Disclaimer of Warranties
3.1VENDOR MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE PROGRAM. THE PROGRAM IS PROVIDED "AS IS" WITH NO WARRANTY. YOU AGREE THAT YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VENDOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. Vendor does not warrant that the Program will operate in combination with hardware, software, systems or data not provided by Vendor, except as expressly specified in the Documentation, or that the operation of the Program will be uninterrupted or error-free.
