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Software License Agreement
Please read the terms and conditions of this license agreement (the "License"
before installing the computer software (the "PowerPanel")
By installing and using the PowerPanel you accept and agree to the terms of this
License. This License constitutes the entire agreement concerning the PowerPanel
between you and Cyber Power Systems, Inc. ("CyberPower") and it supersedes any
prior proposal or representation.
If you do not agree with these terms and conditions, promptly un-install the
PowerPanel.
The term "PowerPanel" includes, and these terms and conditions also apply to,
any updates, modifications and upgrades to the PowerPanel that you may receive
from time to time.
1. License Grant
This License permits you to use the PowerPanel solely for your use per the
purchased products which the PowerPanel is accompanied by of CyberPower.
You agree that you will not sub-license, assign, transfer, distribute, pledge,
lease, rent or share your rights under this License except with prior written
permission from CyberPower.
You agree that you will not modify, adapt or translate, disassemble, decompile,
reverse engineer or otherwise attempt to discover the source code of the
PowerPanel.
2. CyberPower's Rights
You acknowledge and agree that the PowerPanel is proprietary products of
CyberPower under international copyright law and disclosed to you by CyberPower
in confidence.
You shall take all reasonable steps to safeguard the PowerPanel.
CyberPower owns and retains all copyright- , trademark-, trade secret- and other
proprietary rights in and to the Licensed Products.
This License conveys only a non-exclusive and limited right of use to you,
revocable in accordance with the terms and conditions of this License.
3. Limitation of Liability
YOU AGREE THAT ALL INFORMATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO WARRANTIES OF ANY KIND, AND THERE
ARE NO WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR PARTICULAR PURPOSE.
IN ADDITION, CYBERPOWER MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING
INTELLECTUAL PROPERTY, AND CYBERPOWER PROVIDES NO INDEMINIFICATIONS IN THIS
REGARD.
In no event shall CyberPower be liable for any damages to you or any other
party whether arising out of contract or from tort including loss of data,
profits or business, or other special, incidental, exemplary or consequential
damages, even if CyberPower has been advised of the possibility of such loss
or damages. CyberPower's cumulative liability shall not exceed the amount paid
by you for the purchased product of CyberPower which the PowerPanel is
accompanied by within ONE YEAR, if any, for use of the PowerPanel.
This section shall survive termination of this License.
4. Disclaimers
CYBERPOWER DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR
PURPOSE.
CyberPower does not warrant that the PowerPanel, its use, operation or your
ability to use the PowerPanel will be uninterrupted or error-free or that all
software errors will be corrected, including any defect or problems caused by
any defect in any hardware or software used in combination with the PowerPanel,
or use of the PowerPanel in execution environments.
CyberPower does not warrant that the PowerPanel or service will meet your
equirements or that the operation of the PowerPanel will be uninterrupted or
error free.
5. Termination
This agreement is in effect until terminated.
The agreement may be terminated by CyberPower without any reason from time to
time.
The agreement also terminates if you fail to comply with any terms and
conditions of this agreement. In such an event, you agree to destroy and erase
all copies of the PowerPanel, and CyberPower will be entitled to all remedies
in accordance with applicable law.
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