Common use of Permitted Uses and Restrictions Clause in Contracts

Permitted Uses and Restrictions. This License allows you to install and use the Software on a single computer or digital device at a time. This License does not allow the Software to exist on more than one computer at a time. You may make one copy of the Software in machine- readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as permitted by applicable law and this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, create derivative works from the Software or transmit the 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 Software to a party who agrees to accept the terms of this License and destroy any other copies of the Software in your possession. Your rights under this License will terminate automatically without notice if you fail to comply with any term(s) of this License. CONFIDENTIAL DISCLOSURE This software contains trade secrets and proprietary know-how belonging to the Manufacturer and it is being made available to you in strict confidence. You may copy, use, download, install or otherwise benefit from the functionality or intellectual property of this Software only in strict accordance with this license agreement and any separate license agreements associated with third party software components that may be provided. Any use or disclosure of this Software, or its algorithms, protocols, or interfaces, other than in strict accordance with this license agreement is prohibited. You are also prohibited from disassembling and reverse engineering the Software, and from using, distributing and copying any subcomponents or files in any manner including on a stand alone basis. DISCLAIMER OF WARRANTY ON SOFTWARE YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND AND THE MANUFACTURER ITS SUPPLIERS, DISTRIBUTORS AND ANY LICENSOR(S) EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND/OR CONDITIONS OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. THE MANUFACTURER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, THE MANUFACTURER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE MANUFACTURER OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT THE MANUFACTURER OR ANY AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. TITLE OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS, SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMER OF IMPLIED WARRANTIES ABOVE MAY NOT APPLY TO YOU, IN WHICH CASE THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO SIXTY (60) DAYS FROM THE DATE YOU FIRST INSTALLED THE SOFTWARE ON YOUR COMPUTER; PROVIDED, HOWEVER, THAT YOUR SOLE AND EXCLUSIVE REMEDY, AND MANUFACTURER'S SOLE OBLIGATION SHALL IN ANY CASE BE THAT MANUFACTURER WILL, AT ITS OPTION, REPAIR OR REPLACE YOUR COPY OF THE SOFTWARE, OR TERMINATE THIS LICENSE AGREEMENT AND REFUND AMOUNTS ALREADY PAID THEREFOR BY YOU. LIMITATION OF LIABILITY REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, TO THE EXTENT PERMITTED BY THE LAW OF THE JURISDICTION IN WHICH LICENSEE OBTAINED THIS LICENSE, MANUFACTURER, ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY CHARACTER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR COMPUTER MALFUNCTION, LOSS OF INFORMATION, LOST PROFITS AND BUSINESS INTERRUPTION, AND THE COST TO OBTAIN SUBSTITUTE SOFTWARE, ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE USE OF (OR INABILITY TO USE) THE SOFTWARE HOWEVER CAUSED AND WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF MANUFACTURER, ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE MANUFACTURER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID FOR THIS LICENSE TO THE SOFTWARE. EXPORT LAW ASSURANCES Export, re-export of this Software is governed by the laws and regulations of the United States and import laws and regulations of certain other countries. Export or re-export of Software to any entity on the Denied Parties List and other lists promulgated by various agencies of the United States Federal Government is strictly prohibited.

Permitted Uses and Restrictions. This License allows (a) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to install and use the PocketBook Software on a single computer PocketBook-branded device. You may not distribute or digital make the PocketBook Software available separately from PocketBook device on which it is installed, or make PocketBook Software available over a network where it could be used by multiple PocketBook devices at the same time. This limitation does not cover GPL Software. You may distribute any portions of GPL Software and its source code free of charge without having to ask PocketBook's permission to do so. In order to obtain a timecopy of the source code of GPL Software please contact Developer’s Support: 0 Xxxxxxx xxx., Xxxx, Xxxxxxx, 00000. You may as well download the source code of GPL Software and the most recent version of open SDK for the development of GPL Software at xxxx://xxxxxxxxxx-xxxx.xxxxxxxxxxx.xxx. (b) This License does not grant you any rights to use PocketBook proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party PocketBook sdevices and accessories, or third party software applications, for use with the PocketBook device. Some of those rights are available under separate licenses from PocketBook. In order to obtain a list of these licenses please contact Xxxxxxxxx’s Support: 0 Xxxxxxx xxx., Xxxx, Xxxxxxx, 00000. (c) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to download PocketBook Software Updates that may be made available by PocketBook for your model of the PocketBook device to update or restore the software on any such PocketBook device that you own or control. This License does not allow you to update or restore PocketBook devices that you do not control or own, and you may not distribute or make the PocketBook Software to exist on more than one computer Updates available over a network where they could be used by multiple PocketBooks devices or multiple computers at a the same time. You may make one copy of the PocketBook Software Updates stored on your computer in machine- machine-readable form for backup purposes only. The , provided that the backup copy must include all copyright information or other proprietary notices contained on in the original. Except . (d) You may not and you agree not to, or to enable others to, copy (except as expressly permitted by applicable law and this License), you may not decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, rent, lease, loan, distribute, or create derivative works from of the PocketBook Software or transmit any services provided by the 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 Software to a party who agrees to accept the terms of this License and destroy any other copies of the Software in your possession. Your rights under this License will terminate automatically without notice if you fail to comply with any term(s) of this License. CONFIDENTIAL DISCLOSURE This software contains trade secrets and proprietary know-how belonging to the Manufacturer and it is being made available to you in strict confidence. You may copy, use, download, install or otherwise benefit from the functionality or intellectual property of this Software only in strict accordance with this license agreement and any separate license agreements associated with third party software components that may be provided. Any use or disclosure of this PocketBook Software, or its algorithmsany part thereof, protocolsexcept as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components included with the PocketBook Software, including GPL Software. (e) By storing content on your PocketBook device you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder. The PocketBook Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or interfacesmaterials you are authorized or legally permitted to reproduce. (f) You agree to use the PocketBook Software and the Services (as defined in Section 5 below) in compliance with all applicable laws, other than in strict accordance with this license agreement is prohibited. You are also prohibited from disassembling and reverse engineering the Software, and from using, distributing and copying any subcomponents or files in any manner including on a stand alone basis. DISCLAIMER OF WARRANTY ON SOFTWARE YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND AND THE MANUFACTURER ITS SUPPLIERS, DISTRIBUTORS AND ANY LICENSOR(S) EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND/OR CONDITIONS OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. THE MANUFACTURER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, THE MANUFACTURER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE MANUFACTURER OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT THE MANUFACTURER OR ANY AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. TITLE OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS, SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMER OF IMPLIED WARRANTIES ABOVE MAY NOT APPLY TO YOU, IN WHICH CASE THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO SIXTY (60) DAYS FROM THE DATE YOU FIRST INSTALLED THE SOFTWARE ON YOUR COMPUTER; PROVIDED, HOWEVER, THAT YOUR SOLE AND EXCLUSIVE REMEDY, AND MANUFACTURER'S SOLE OBLIGATION SHALL IN ANY CASE BE THAT MANUFACTURER WILL, AT ITS OPTION, REPAIR OR REPLACE YOUR COPY OF THE SOFTWARE, OR TERMINATE THIS LICENSE AGREEMENT AND REFUND AMOUNTS ALREADY PAID THEREFOR BY YOU. LIMITATION OF LIABILITY REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, TO THE EXTENT PERMITTED BY THE LAW OF THE JURISDICTION IN WHICH LICENSEE OBTAINED THIS LICENSE, MANUFACTURER, ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY CHARACTER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR COMPUTER MALFUNCTION, LOSS OF INFORMATION, LOST PROFITS AND BUSINESS INTERRUPTION, AND THE COST TO OBTAIN SUBSTITUTE SOFTWARE, ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE USE OF (OR INABILITY TO USE) THE SOFTWARE HOWEVER CAUSED AND WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF MANUFACTURER, ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE MANUFACTURER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID FOR THIS LICENSE TO THE SOFTWARE. EXPORT LAW ASSURANCES Export, re-export of this Software is governed by the local laws and regulations of the United States country or region in which you reside or in which you download or use the PocketBook Software and import laws and regulations of certain other countries. Export or re-export of Software to any entity on the Denied Parties List and other lists promulgated by various agencies of the United States Federal Government is strictly prohibitedServices.