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MACTION TECHNOLOGIES END-USER LICENSE AGREEMENT IMPORTANT ANNOUNCEMENT: THIS LEGAL AGREEMENT (AGREEMENT) BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND MACTION TECHNOLOGIES,INC.(MACTION) FOR MACTION SOFTWARE PRODUCT INCLUDING SOFTWARE, MEDIA, DOCUMENTATION AND ANY ASSOCIATED MATERIALS(THE SOFTWARE). BEFORE OPENING THE SOFTWARE PACKAGE, READ THE TERMS OF THIS AGREEMENT CAREFULLY. BY OPENING THE SOFTWARE PACKAGE AND/OR INSTALLING, COPYING AND/OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.SOFTWARE PRODUCT LICENSE The SOFTWARE is protected by local, international copyright laws and other intellectual property laws treaties. 1.GRANT OF LICENSE. The AGREEMENT grants you the following rights: You have a limited, non-exclusive, nontransferable, royalty-free SINGLE USER LICENSE to use the Software for personal and lawful end use. Maction reserves all other rights except as expressly provided herein. 2.LIMITATATIONS. (a)RENTAL. You shall not rent, lease, sublicense or lend the SOFTWARE. (b)TRANSFER. In the even of license transfer, you have to include any original software and materials including recent update and all prior versions, except as expressly permitted by this AGREEMENT. (c)DECOMPILE OR DISASSEMBLE. You may not reverse engineer, decompile or disassemble the SOFTWARE except to the extent that this limitation is expressly prohibited by applicable law. (d)COPYRIGHT. All title, ownership, derivative works and copyrights in the SOFTWARE are owned by Maction and incorporated suppliers. No right, title or interest in or to any trademark, logo or trade name of Maction or incorporated suppliers is granted under this AGREEMENT. 3.TERMINATION. This AGREEMENT is effective until terminated. Maction may terminate this AGREEMENT immediately without notice if You fails to comply with any terms and conditions of this AGREEMENT. You may terminate this AGREEMENT at any time by destroying all copies of the SOFTWARE. 4.MAINTENANCE. Maction is not obligated to provide maintenance,technical support, or updates to you for the SOFTWARE licensed under this AGREEMENT except setup and installation support. 5.DISCLAIMERS OF WARRANTY. To the maximum extent permitted by applicable law, Maction and its suppliers provide the Software and any (if any) support services related to the Software ('SUPPORT SERVICES') AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the SOFTWARE, and the provision of or failure to provide SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU. MACTION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. 6.EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall Maction or its suppliers be liable for any special, incidental,indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Software and/or the keyboard, the provision of or failure to provide Support Services, or otherwise under or in connection with any provision of AGREEMENT, even in the event of the fault, tort(including negligence), strict liability, breach of contract or breach of warranty of Maction or any supplier, even if Maction or any supplier has been advised of the possibility of such damages. 7.LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Maction and any of its suppliers under any provision of this AGREEMENT and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the SOFTWARE or U.S. $5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. 8.GOVERNING LAW, ATTORNEYS' FEES. This AGREEMENT shall be construed and controlled by the laws of the Taiwan (Republic of China), and you consents to the exclusive jurisdiction and venue in the Banchiau local courts sitting in Banchiau City, Taipei, unless no federal subject matter jurisdiction exists, in which case you consents to the jurisdiction and venue in the Superior Court of Taipei, Taiwan. You waive all defenses of lack of personal jurisdiction and forum nonconveniens. Process may be served on either party in the manner authorized by applicable law or court rule. If either Maction or your employs attorneys to enforce any rights arising out of or relating to this AGREEMENT, the prevailing party shall be entitled to recover reasonable attorneys' fees. 9.EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE to any country, person or entity subject to U.S. export restrictions. You specifically agrees not to export or re-export the Software (a) to any country to which the U. S. has embargoes or restricted the export of goods or services which currently include but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Software back to such country; (b) to any person or entity who YOU knows or has reason to know will utilize the Software in the design, development or production of nuclear chemical or biological weapons; or (c) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. 10.MISCELLANEOUS. (a)ENTIRE AGREEMENT. This AGREEMENT constitutes the complete and exclusive AGREEMENT between Maction and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or AGREEMENT not specifically incorporated herein. This AGREEMENT may not be modified except in a writing duly signed by an authorized representative of Maction and you. (b)SEVERABILITY. If any provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are herewith waived or amended to the extent necessary for the AGREEMENT to be otherwise enforceable in such jurisdiction. (c)PARTIES BOUND. If you is entering into this AGREEMENT on behalf of an entity, then you represents that he/she has authority to enter into this AGREEMENT on behalf of such entity. Should you have any questions concerning this AGREEMENT, or if you desire to contact Maction for any reason, please contact write: Maction Customer Service, 4F., No. 200, Gangcian Rd., Neihu District, Taipei City 11493, Taiwan (R.O.C.) TEL:+886-2-26593008. Maction Technologies, Inc. Software End-User License AGREEMENT
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