Midas DL252 User Manual download pdf (Page 15)

Operator Manual 15

OPPORTUNITY OR PROFITS, COST OF COVER OR

SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR

INDIRECT DAMAGES, EVEN IF YOU ADVISE THE

COMPANY OF THE POSSIBILITY OF SUCH DAMAGES.

THIS IS A FUNDAMENTAL TERM OF THIS AGREEMENT

AND YOU ACKNOWLEDGE THAT THE AMOUNT YOU

PAID FOR THE SOFTWARE AND/OR THE PRODUCT

REFLECTS THIS ALLOCATION OF RISK. NOTHING IN

THIS PARAGRAPH PURPORTS TO EXCLUDE OR LIMIT

THE COMPANY'S LIABILITY FOR DEATH OR PERSONAL

INJURY CAUSED BY NEGLIGENCE OR ANY OTHER

LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED

BY LAW.

5. Other Third-Party Computer Programs: As

referred to herein, the term "Software" refers only to

proprietary Midas™ or Klark Teknik™ software, owned

by the Company, that has been provided to you for

installation on, or already installed in, a Product. In

addition to the Software, you may have also been

provided, at no additional charge, with a version of the

widely-available GNU Linux Operating System, which is

a modular operating system made up of hundreds of

individual software components, each of which was

written, and the copyright and other rights in which

are owned individually, by various parties (collectively,

"the GNU Linux Programs"). Each component has its

own applicable end user licence agreement, and many

of these agreements permit you to copy, modify, and

redistribute the applicable software, but you must

review the on-line documentation that shares a

directory or otherwise accompanies each of the GNU

Linux Programs provided to you for the specific terms

and conditions. Nothing in this Licence limits your

rights under, or grants you rights that supersede, the

terms of any other applicable end user licence

agreement. If you wish to receive a computer-

readable copy of the source code for any of the GNU

Linux Programs that have been provided with your

Midas™ or Klark Teknik™ Product, send a cheque or

money order (no cash accepted), your address and

[£10.00] to cover the cost of optical media, postage

and handling, to:

MUSIC Group Research UK Limited

ATTN: Linux Programs CD for Midas™/Klark Teknik™

Walter Nash Road,

Kidderminster.

Worcestershire.

DY11 7HJ.

England.

In your request, indicate your Product's name and

model number, serial number and version/release

information. In your request, also indicate the

relevant Software version/release information. This

offer, made pursuant to the GNU Linux Programs' end

user licence agreements, may expire according to the

terms of those agreements, in which case your cheque

will be returned to you or destroyed at our option.

Please note that the GNU Linux Programs that may be

available to you under this offer consists of the GNU

Linux Operating System components only and none of

the proprietary application software developed by

Midas or Klark Teknik is included. Other updated Linux

distributions containing application software are widely

available from a variety of Internet sources, and are

often available at minimal or no cost.

6. Termination: This Licence will terminate

immediately if you violate any of the Licence terms.

Upon termination you must discontinue use of the

Software, and either destroy, erase or return to

Company all copies of the Software in your possession,

custody or control, including those in or on the

Product.

7. General: This Licence constitutes the entire

agreement between you and the Company with

respect to this Software and, save in the case of fraud,

supersedes any other communication (including

advertising). Company reserves all rights not

expressly granted to you in this licence. If any

provision of this Licence is held unenforceable, that

provision shall be enforced to the maximum extent

permissible so as to give effect the intent of this

Licence, and the remainder of this Licence shall

continue in full force and effect. This Licence shall be

governed by English law and the Courts of England

and Wales will have exclusive jurisdiction to hear and

decide any dispute concerning it or its formation. No

breach by you of any provision of this Licence shall be

waived or discharged except with the express written

consent of the Company and no failure or delay by the

Company to exercise any of its rights under this

Licence shall operate as a waiver thereof and no single

or partial exercise of any such right shall prevent any

other or further exercise of that or any other right.

You acknowledge that the Company could be

irreparably damaged if the terms of this Licence were

not specifically enforced, and agree that the Company

may seek appropriate equitable remedies with respect

to breaches of this Licence, including injunctive relief,

in addition to such other remedies as the Company

may otherwise have available to it under applicable

laws.

GNU General Public License (GPL)

For details of the Third Party Software License

Attribution, Copyright and Terms and Conditions and

Notices, and the GNU LESSER GENERAL PUBLIC

LICENSE, see the Midas Digital Equipment GNU

General Public License (GPL) Booklet part number

DOC04-GPL.

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Midas DL252 User Manual Page 15

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