Archos 35 Mode D'emploi page 21

BY USING THE SOFTWARE ON THE DEVICE, YOU ARE THUS GIVING YOUR CONSENT TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH
ANY PART OF THIS EULA, ARCHOS WILL NOT LICENSE THE SOFTWARE TO YOU. IN SUCH A CASE, PROMPTLY SEE YOUR VENDOR OR CONTACT ARCHOS
DIRECTLY in order to FIND an adequate solution to this disagreement.
1. GRANT OF LICENSE – Subject to the terms and conditions of this license, ARCHOS grants you the nonexclusive right to use the software within the
ARCHOS hardware product. The ARCHOS SOFTWARE can only be used on the ARCHOS manufactured product that it is delivered with.
2. TITLE – You have no title, ownership rights, rights to trade secrets, or intellectual rights to the ARCHOS SOFTWARE.
3. LIMITATIONS - You may not alter, decrypt, disassemble, decompile, or reverse engineer in part or in whole the ARCHOS SOFTWARE , except as permitted
by mandatory applicable law.
4. COPYRIGHT / INTELLECTUAL RIGHTS – The ARCHOS SOFTWARE is protected by United States and International Copyright laws and treaties as well as
by international intellectual property laws.
5. NO WARRENTY / LIMITED LIABILITY
A. ARCHOS SOFTWARE is licensed to you "as is" and your use of such is at your sole risk.
B. ARCHOS makes not guarantees either expressed or implied as to the correctness, accuracy, reliability, fitness of use for a particular purpose or otherwise
of its SOFTWARE.
C. If ARCHOS SOFTWARE proves to be defective, YOU and not ARCHOS bear any financial or other liability for returning the product to its original func-
tional state or any other liability arising out of such an event.
D. In no event will ARCHOS, its subsidiaries, officers, or employees be liable for any damages, including but not limited to, any loss, or other incidental, indi-
rect or consequential damages due to the use of the ARCHOS SOFTWARE, even if ARCHOS has been advised of the possibility of such damages. Because
certain jurisdictions do not allow the exclusion or limitation of liability for certain damages, the above limitations may not apply to you.
6. LICENSED COMPONENTS – Within the ARCHOS SOFTWARE are components licensed to ARCHOS and such licensors reserve rights that may not be
expressed herein. ARCHOS licensor(s) makes no warranties, express or implied, including, without limitation, the implied warranties of merchantability and
fitness for a particular purpose, regarding the licensed materials. ARCHOS' licensor(s) does not warrant, guarantee or make any representations regarding
the use or the results of the use of the licensed materials in terms of its correctness, accuracy, reliability, or otherwise. You assume the entire risk as to the
results and performance of the licensed materials. The exclusion of implied warranties is not permitted by some jurisdictions. The above exclusion may not
apply to you. In no event will ARCHOS' licensor(s), and their directors, officers, employees or agents (collectively ARCHOS' licensor) be liable to you for any
consequential, incidental or indirect damages (including damages for loss of business profits, business interruption, loss of business information, and the like)
arising out of the use of inability to use the licensed materials even if ARCHOS' licensor has been advised of the possibility of such damages. Because some
jurisdiction do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
7. ILLEGAL USE – You cannot use the ARCHOS SOFTWARE to engage in illegal activities including the reproduction, storage and/or distribution of copy-
righted materials that you do not have the express written consent to.
8. TRANSFER – You can permanently transfer your rights to the ARCHOS SOFTWARE through the transfer or the sale of your ARCHOS hardware product
to a second party. You must not retain any copy of the software, upgrades, versions, or documentation, and the party to whom you transfer the agreement
must make written notice that he accepts the conditions of this EULA.
9. TERMINATION – You may terminate this agreement at any time, at which point you cannot use the ARCHOS SOFTWARE. To do so, you must destroy all
originals and copies of the ARCHOS Software and all documentation. You can write to ARCHOS for instructions on having the software removed from your
device. This license will terminate automatically (without notice from ARCHOS) if any part of this license agreement is violated.
10. DECOMPOSITION – If any part or condition of this agreement is held by governing law to be invalid or unenforceable, such part will be enforceable to
the extent allowed by law and will have no effect on any other sections of this agreement.
GOVERNING LAW – This license is governed by the laws of France. If you have any questions about this End User License Agreement, please write to:
ARCHOS SA., Legal Department, 12 rue Ampère, 91430 Igny, France.
This information is subject to be updated periodically. Please check the official Archos web site.
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