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Icense, Greement – Bose GSX Series III User Manual

Page 74

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ICENSE

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GREEMENT

IMPORTANT: READ CAREFULLY:

This End User License Agreement

(“EULA”) is a legal agreement between you, the End User (“End

User” or “You”), and Bose Corporation (“Bose”) governing your

use of the technology and software and data and data content

belonging to Bose, its vendors and licensors (“Technology”),

that is contained in this audio/video device (“System”). By

tearing open the protective wrapping on this System, you are

agreeing to be bound by the terms of this EULA. In the event

you disagree with any of the terms contained herein, DO NOT

UNWRAP THIS SYSTEM. Return the sealed System to Bose

Corporation for a full refund.
Copyright laws and international copyright treaties, as well as

other intellectual property laws and treaties protect the

Technology contained within this System. The Technology is

being licensed, not sold. This EULA grants you the right to use

the Technology only on this Bose

®

System. You may NOT

transfer, lend, distribute, prepare derivative works, reverse

engineer, de-compile, or disassemble the Technology, except

and only to the extent that applicable law expressly permits

such activity. You agree that you will use the Technology and the

System solely for your own personal non-commercial use.
The Technology contains software that allows You to obtain

vendor-supplied music-related information, including name,

artist, track, and title information (“Data”). You may use Data

only by means of the intended End User functions of the

Technology. You agree not to assign, copy, transfer or transmit

such Data to any third party. YOU AGREE NOT TO USE OR

EXPLOIT DATA EXCEPT AS EXPRESSLY PERMITTED HEREIN.
You agree that your non-exclusive license to use the Technology

will terminate if you violate these restrictions. If your license

terminates, you agree to cease any and all use of the

Technology or Data. Bose, its vendors and licensors reserve all

rights in the Technology, including all ownership rights. You

agree that the vendors and licensors of Bose may enforce their

rights under this Agreement directly in their own name.

Bose warrants this System in accordance with the provisions

of the warranty card delivered with this System. EXCEPT AS

EXPRESSLY SET FORTH THEREIN, BOSE, ITS VENDORS,

AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES,

EXPRESS, IMPLIED, AND STATUTORY, IN CONNECTION WITH

THE TECHNOLOGY, INCLUDING WITHOUT LIMITATION, THE

IMPLIED WARRANTIES OF MERCHANTABILITY, NON-

INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR

A PARTICULAR PURPOSE. IN NO EVENT WILL BOSE, ITS

VENDORS, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT,

SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES

ARISING OUT OF THE USE OR INABILITY TO USE THE

TECHNOLOGY. IN NO EVENT SHALL BOSE BE LIABLE FOR

ANY DAMAGES.
None of the Technology shall be exported or re-exported in

violation of any export provisions of the United States or any

other applicable jurisdiction. Any attempt to sublicense, assign

or transfer any of the rights, duties or obligations hereunder

shall be void. This Agreement shall be governed by and

interpreted under the laws of the Commonwealth of

Massachusetts, without regard to its conflicts of law provisions.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND

UNDERSTAND THIS AGREEMENT AND AGREE TO BE

BOUND BY ITS TERMS. YOU FURTHER AGREE THAT

THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE

STATEMENT OF THE AGREEMENT BETWEEN YOU AND BOSE

AND SUPERCEDES ANY PROPOSAL OR PRIOR AGREEMENT,

ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS

RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.