BY DOWNLOADING
OR USING THIS SOFTWARE YOU ARE AGREEING TO BE BOUND BY
THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE DO NOT
DOWNLOAD THE SOFTWARE OR RETURN THE AMBRIT SOFTWARE TO
THE PLACE WHERE YOU OBTAINED IT FOR A REFUND.
1. License. The software, documentation and any fonts accompanying
this License whether on disk, in read only memory, on any
other media or in any other form (the “Ambrit Software”)
are licensed to you by Ambrit Limited or its local subsidiary,
if any (“Ambrit”). You own the media on which
the Ambrit Software is recorded but Ambrit and/or Ambrit's
licensor(s) retain title to the Ambrit Software. The Ambrit
Software in this package and any copies which this License
authorizes you to make are subject to this License.
2. Permitted Uses and Restrictions. This License allows
you to install and use the Ambrit Software on a single computer
at a time. This License does not allow the Ambrit Software
to exist on more than one computer at a time. You may make
one copy of the Ambrit Software in machine-readable form
for backup purposes only. The backup copy must include all
copyright information contained on the original. Except
as expressly permitted in this License, you may not decompile,
reverse engineer, disassemble, modify, rent, lease, loan,
sublicense, distribute or create derivative works based
upon the Ambrit Software in whole or part or transmit the
Ambrit Software over a network. You may, however, transfer
your rights under this License provided you transfer the
related documentation, this License and a copy of the Ambrit
Software to a party who agrees to accept the terms of this
License and destroy any other copies of the Ambrit Software
in your possession. THE AMBRIT SOFTWARE IS NOT INTENDED
FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
NAVIGATION OR COMMUNICATION SYSTEMS, OR AIR TRAFFIC CONTROL
MACHINES IN WHICH CASE THE FAILURE OF THE AMBRIT SOFTWARE
COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL
OR ENVIRONMENTAL DAMAGE. Your rights under this License
will terminate automatically without notice from Ambrit
if you fail to comply with any term(s) of this License.
3. Limited Warranty on Media (if applicable). Ambrit warrants
the media on which the Ambrit Software is recorded to be
free from defects in materials and workmanship under normal
use for a period of ninety (90) days from the date of original
retail purchase. Your exclusive remedy under this paragraph
shall be, at Ambrit’s option, a refund of the purchase
price of the product containing the Ambrit Software or replacement
of the Ambrit Software which is returned to Ambrit or an
Ambrit authorized representative with a copy of the receipt.
THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE
MEDIA INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION
TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG
AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY
TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE
AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS
OR IMPLIED. AMBRIT SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND
YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
4. Disclaimer Of Warranty on Ambrit Software. Some of the
Ambrit Software may be designated as alpha, beta, development,
pre-release, untested, or not fully tested versions of the
Ambrit Software. Such Ambrit Software may contain errors
that could cause failures or loss of data, and may be incomplete
or contain inaccuracies. You expressly acknowledge and agree
that use of the Ambrit Software is at your sole risk. The
Ambrit Software is provided “AS IS” and without
warranty of any kind and Ambrit and Ambrit's licensor(s)
(for the purposes of Sections 4 and 5, Ambrit and Ambrit's
licensor(s) shall be collectively referred to as "Ambrit")
EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. AMBRIT DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE AMBRIT SOFTWARE WILL
MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE AMBRIT
SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS
IN THE AMBRIT SOFTWARE WILL BE CORRECTED. FURTHERMORE, AMBRIT
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE AMBRIT SOFTWARE OR
IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
BY AMBRIT OR AN AMBRIT AUTHORIZED REPRESENTATIVE SHALL CREATE
A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
SHOULD THE AMBRIT SOFTWARE PROVE DEFECTIVE, YOU (AND NOT
AMBRIT OR AN AMBRIT AUTHORIZED REPRESENTATIVE) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
THE LICENSE FEES FOR THE AMBRIT SOFTWARE REFLECT THIS ALLOCATION
OF RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU.
5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING
NEGLIGENCE, SHALL AMBRIT BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING
TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION
MAY NOT APPLY TO YOU. In no event shall Ambrit's total liability
to you for all damages exceed the amount of five pounds
(£5.00).
6. Controlling Law and Severability. If there is a local
subsidiary of Ambrit in the country in which the Ambrit
Software License was obtained, then the local law in which
the subsidiary sits shall govern this License. Otherwise,
this License shall be governed by the laws of the United
Kingdom. If for any reason a court of competent jurisdiction
finds any provision, or portion thereof, to be unenforceable,
the remainder of this License shall continue in full force
and effect.
7. Complete Agreement. This License constitutes the entire
agreement between the parties with respect to the use of
the Ambrit Software and supersedes all prior or contemporaneous
understandings regarding such subject matter. No amendment
to or modification of this License will be binding unless
in writing and signed by Ambrit.
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