Terms & Conditions

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MTD SOFTWARE PRODUCT LICENSE ARGREEMENT

During installation you will be asked to accept the following terms. Use of this Software Product indicates your acceptance of the following terms and conditions.

1. OWNERSHIP. The Software Product is licensed (not sold) to you. The Software Product includes the media (for example, the flexible disk) on which the Software Product is contained. The Software Product shall remain the property of EmbeddedUK. EmbeddedUK retains ownership of proprietary information contained within the Software Product. This includes all copies of the Software Product made by you as well as the related user manuals and other supporting materials.

2. USE AND REPRODUCTION. EmbeddedUK grants you a personal, non-transferable and non-exclusive license to use the Software Product on a single computer or on multiple computers at a time. Use includes your right to copy the Software Product in machine-readable form for backup purposes only. You agree to reproduce the copyright and other notices on any copies you make of the Software Product. You may not, without our permission:

  1. Distribute, sublicense or sell any portion of the Software Product.
  2. Modify or prepare derivative works from the Software Product.
  3. Use the Software Product in a computer-based services business.
  4. Distribute the Software Product electronically by any means.

You agree that the Software Product belongs to EmbeddedUK. You agree to keep confidential and use your best efforts to prevent and protect the contents of the Software Product from unauthorized disclosure. You may not reverse-engineer or decompile the Software Product to obtain source code. You may not sell or transfer the Software Product to any third party.

3. TAXES. You will pay all taxes, including use and property taxes, due to your use of the Software Product.

4. LIMITED SOFTWARE PRODUCT WARRANTY. For thirty (30) days from the date of shipment, we warrant that the media (for example, the flexible disk) on which the Software Product is contained, will be free from defects in materials and workmanship. This warranty does not cover damage caused by improper use or neglect. We do not warrant the contents of the Software Product (it is furnished "AS IS" and without warranty as to the performance or results you may obtain by using the Software Product) or that it will be error-free. The entire risk as to the results and performance of the Software Product is assumed by you. To obtain warranty service during the Thirty-day warranty period, you may return the Software Product (postage paid) with a description of the problem to the place where you obtained it. The defective media on which the Software Product is contained will be replaced at no additional charge to you.

5. DISCLAIMER OF WARRANTIES AND LIMITATION OF REMEDIES. YOU UNDERSTAND AND AGREE AS FOLLOWS:

  1. THE EXPRESS WARRANTIES SPECIFIED IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES.
  2. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DELAY IN FURNISHING THE SOFTWARE PRODUCT OR ANY OTHER PERFORMANCE UNDER THIS AGREEMENT.
  3. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDIES FOR LIABILITY OF ANY KIND (INCLUDING LIABILITY FOR NEGLIGENCE) FOR THE SOFTWARE PRODUCT COVERED BY THIS AGREEMENT AND ALL OTHER PERFORMANCE OR NONPERFORMANCE BY US UNDER OR RELATED TO THIS AGREEMENT ARE LIMITED TO THE REMEDIES SPECIFIED BY THIS LICENSE.
  4. IN NO EVENT WILL OUR LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE KNOWLEDGE OF THE POTENTIAL LOSS OR DAMAGE.

6. ASSIGNMENT. You may transfer and assign a Software Product and this Agreement to a successor of your business in which you use the Software Product. However, you must transfer all copies of the Software Product to the successor. The successor must promptly notify us that the successor will comply by the terms of this Agreement. Otherwise, you may not transfer or assign the Software Product and this Agreement.

8. TERMINATION. This Agreement is effective until terminated. You may terminate it at any time by destroying the Software Product. It will also terminate if you fail to comply with any term or condition of this Agreement. Upon termination you agree to destroy the Software Product.

9. GENERAL. You are solely responsible for installation, management and operation of the Software Product.

Unit Warranty registration begin on the date of accepting this agreement.

EmbeddedUK
Phone 0845 625 6895
VATMTD@EmbeddedUK.com