Full Name Home Address City State Zip/Province Country Tel. Incl. Area & Country Code E-mail 990 Serial Number NOTICE TO USER: PLESE READ THIS LICENSE CAREFULLY. BY CLICKING THE “I ACCEPT” BUTTON AND CONTINUING WITH THE DOWNLOAD AND/OR INSTALLATION AND USE OF THIS SOFTWARE YOU AGREE TO ACCEPT ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT AND ACKNOWLEDGE THAT IT IS BINDING BETWEEN YOU AND OUTLAW AUDIO, LLC. (“OUTLAW”) FOR THE SOFTWARE, SERVICES AND SUPPORTING MATERIAL, IF ANY, THAT ACCOMPANY IT, AND THAT IT IS ENFORCEABLE AGAINST YOU AND ANY PERSON OR LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND/OR ON WHOSE BEHALF IT IS USED LIKE ANY WRITTEN, SIGNED, NEGOTIATED AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT CLICK THE “CANCEL” BUTTON AT THE BOTTOM OF THIS PAGE TO REJECT THE LICENSE AGREEMENT AND CANCEL YOUR DOWNLOAD, RECEIPT, INSTALLATION AND/OR USED OF THIS SOFTWARE. THIS SOFTWARE IS INTENDED FOR RECEIPT, INSTALLATION AND USE ONLY BY END-USER CUSTOMERS OF OUTLAW AUDIO, LLC., WHO ARE ADULTS (OVER THE AGE OF 18 IN MOST JURISDICTIONS) AND WHO OWN THE OUTLAW AUDIO PRODUCT FOR WHICH THIS SOFTWARE IS INTENDED OR ARE A LEGAL CORPORATE ENTITY AUTHORIZED TO INSTALL THE SOFTWARE ON BEHALF OF THE OWNER OF AN APPLICABLE PRODUCT. IF YOU ARE NOT AN ADULT AS DEFINED IN YOUR PLACE OF RESIDENCE, YOU MUST CLICK THE “CANCEL” BUTTON AT THE BOTTOM OF THIS PAGE TO END THE DOWNLOAD AND/OR SOFTWARE INSTALLATION. 1. BACKGROUND 1.1 Customer desires to receive the Software for the sole purpose of upgrading software and/or firmware in an applicable Outlaw product whether owned by the Customer or by another party. 1.2 Outlaw desires to offer such software and/or firmware to Customer for the upgrade of an Outlaw product and at Customer's sole risk. 1.3 Customer and Outlaw agree as follows: 2. DEFINITIONS 2.1 “Customer” refers to the person or entity accepting this Agreement AND who is an end-user who owns, uses or services the Outlaw product in which the Software is to be installed. 2.2 “Software” refers to the software/firmware and supporting material, if any, that accompany this Agreement, including documentation and the software and/or internet download services used to install the Software, as applicable. 2.3 “Applicable Product” refers to the specific Outlaw Audio product designated in the instructions that accompany the software/firmware download for use with the Software. 3. SOFTWARE LICENSE 3.1 Outlaw grants to Customer a royalty-free, non-exclusive license to copy and use the Software for the exclusive purpose of installing and using it in the specific Outlaw product for which it is intended. 3.2 Outlaw retains all rights, title and interest in and to the Software. 3.3 Customer's rights in the Software shall be limited to those expressly granted in this Agreement. 3.4 Customer shall not make any attempt to disassemble, decompile, reverse engineer or otherwise convert any part of the Software to a human-readable form or assist any other person to do so or attempt to do so. 3.5 Customer shall not modify the Software in any manner. 3.6 The Software is licensed only for installation in accordance with the instructions provided to the appropriate Applicable Product. 4. INTELLECTUAL PROPERTY RIGHTS 4.1 All intellectual property rights in the Software and all modifications, updates, upgrade to and derivative works based upon the Software belong solely to Outlaw, and Customer does not and shall not acquire any rights in them. 4.2 Outlaw reserves the sole and exclusive right at its discretion to assert claims against third parties for infringement or misappropriation of its intellectual property rights in the Software. 5. TERMINATION 5.1 Without prejudice to any other rights, Outlaw may terminate this Agreement without notice if Customer fails to comply with the terms and conditions of this Agreement. 5.2 Upon termination of the Agreement for any reason, Customer shall immediately cease use of the Software. 6. NO WARRANTIES 6.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUTLAW PROVIDES THIS SOFTWARE AND ACCESS TO IT EITHER BY INTERNET DOWNLOAD OR OTHER MEANS ON AN AS IS BASIS AND WITH ANY OR ALL FAULTS. OUTLAW DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. 7. LIMITATION OF LIABILITY. 7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUTLAW OR ITS SUPPLIERS SHALL, IN NO EVENT, BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, REMOTE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFITS AND ATTORNEY'S FEES, ARISING FROM OR CAUSED, DIRECTLY OR INDIRECTLY, BY THE DOWNLOAD OR ACQUISITION PROCESS REQUIRED TO OBTAIN THE SOFTWARE, THE INSTALLATION PROCESS FOR THE SOFTWARE, THE SOFTWARE AS IT IS USED, ANY PRODUCT THE SOFTWARE IS USED WITH OR INSTALLED TO, OR ARISING FROM OR CAUSED BY THIS AGREEMENT. 7.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANY DAMAGES THAT CUSTOMER MIGHT INCUR FOR ANY REASON WHATSOEVER, DOWNLOAD, INSTALLATION AND USE OF THE SOFTWARE IS AT CUSTOMER'S SOLE RISK. OUTLAW DISCLAIMS ALL LIABILITY WITH RESPECT TO DAMAGES ARISING FROM OR CAUSED, DIRECTLY OR INDIRECTLY, BY THE SOFTWARE, THE INSTALLATION PROCESS FOR THE SOFTWARE OR ARISING FROM OR CAUSED BY THIS AGREEMENT. 7.3 THE FOREGOING LIMITATIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. 8. GENERAL PROVISIONS 8.1 THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE STATE OF MASSACHUSETTS, EXCLUDING ITS CONFLICT OF LAW PRINCIPLES. CUSTOMER AND OUTLAW AGREE TO EXCLUDE THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS UNDER THIS AGREEMENT AND ANY TRANSACTION BETWEEN THE THEM THAT MAY BE IMPLEMENTED IN CONNECTION WITH THIS AGREEMENT. CUSTOMER AND OUTLAW AGREE THAT THE SUBJECT MATTER AND PERSONAL JURISDICTION ARE PROPER IN THE APPROPRIATE U.S. DISTRICT COURT HAVING JURISDICTION FOR BOSTON, MASSACHUSETTS. 8.2 A Customer may not assign or delegate all or any part of the Customer's obligations or rights under this Agreement without the prior written consent of Outlaw, other than to a person or entity that accepts possession of Customer's applicable Outlaw product to which this software has been installed. By taking title to the applicable Outlaw product any subsequent owner agrees to be bound by the terms of this Agreement. 8.3 No amendment to or modification may be made to this Agreement unless it is in writing and signed by an authorized representative of both Outlaw and the Customer. This Agreement is the complete and final agreement between Outlaw and the Customer with respect to the subject matter of this Agreement. To the extent that any terms of any Outlaw policies or programs for support services conflict with the terms of this Agreement, the terms of this Agreement shall control. 8.4 If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. 8.5 Articles 6, 7, and 8 of this Agreement shall survive its termination and/or expiration.
NOTICE TO USER: PLESE READ THIS LICENSE CAREFULLY. BY CLICKING THE “I ACCEPT” BUTTON AND CONTINUING WITH THE DOWNLOAD AND/OR INSTALLATION AND USE OF THIS SOFTWARE YOU AGREE TO ACCEPT ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT AND ACKNOWLEDGE THAT IT IS BINDING BETWEEN YOU AND OUTLAW AUDIO, LLC. (“OUTLAW”) FOR THE SOFTWARE, SERVICES AND SUPPORTING MATERIAL, IF ANY, THAT ACCOMPANY IT, AND THAT IT IS ENFORCEABLE AGAINST YOU AND ANY PERSON OR LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND/OR ON WHOSE BEHALF IT IS USED LIKE ANY WRITTEN, SIGNED, NEGOTIATED AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT CLICK THE “CANCEL” BUTTON AT THE BOTTOM OF THIS PAGE TO REJECT THE LICENSE AGREEMENT AND CANCEL YOUR DOWNLOAD, RECEIPT, INSTALLATION AND/OR USED OF THIS SOFTWARE. THIS SOFTWARE IS INTENDED FOR RECEIPT, INSTALLATION AND USE ONLY BY END-USER CUSTOMERS OF OUTLAW AUDIO, LLC., WHO ARE ADULTS (OVER THE AGE OF 18 IN MOST JURISDICTIONS) AND WHO OWN THE OUTLAW AUDIO PRODUCT FOR WHICH THIS SOFTWARE IS INTENDED OR ARE A LEGAL CORPORATE ENTITY AUTHORIZED TO INSTALL THE SOFTWARE ON BEHALF OF THE OWNER OF AN APPLICABLE PRODUCT. IF YOU ARE NOT AN ADULT AS DEFINED IN YOUR PLACE OF RESIDENCE, YOU MUST CLICK THE “CANCEL” BUTTON AT THE BOTTOM OF THIS PAGE TO END THE DOWNLOAD AND/OR SOFTWARE INSTALLATION. 1. BACKGROUND 1.1 Customer desires to receive the Software for the sole purpose of upgrading software and/or firmware in an applicable Outlaw product whether owned by the Customer or by another party. 1.2 Outlaw desires to offer such software and/or firmware to Customer for the upgrade of an Outlaw product and at Customer's sole risk. 1.3 Customer and Outlaw agree as follows: 2. DEFINITIONS 2.1 “Customer” refers to the person or entity accepting this Agreement AND who is an end-user who owns, uses or services the Outlaw product in which the Software is to be installed. 2.2 “Software” refers to the software/firmware and supporting material, if any, that accompany this Agreement, including documentation and the software and/or internet download services used to install the Software, as applicable. 2.3 “Applicable Product” refers to the specific Outlaw Audio product designated in the instructions that accompany the software/firmware download for use with the Software. 3. SOFTWARE LICENSE 3.1 Outlaw grants to Customer a royalty-free, non-exclusive license to copy and use the Software for the exclusive purpose of installing and using it in the specific Outlaw product for which it is intended. 3.2 Outlaw retains all rights, title and interest in and to the Software. 3.3 Customer's rights in the Software shall be limited to those expressly granted in this Agreement. 3.4 Customer shall not make any attempt to disassemble, decompile, reverse engineer or otherwise convert any part of the Software to a human-readable form or assist any other person to do so or attempt to do so. 3.5 Customer shall not modify the Software in any manner. 3.6 The Software is licensed only for installation in accordance with the instructions provided to the appropriate Applicable Product. 4. INTELLECTUAL PROPERTY RIGHTS 4.1 All intellectual property rights in the Software and all modifications, updates, upgrade to and derivative works based upon the Software belong solely to Outlaw, and Customer does not and shall not acquire any rights in them. 4.2 Outlaw reserves the sole and exclusive right at its discretion to assert claims against third parties for infringement or misappropriation of its intellectual property rights in the Software. 5. TERMINATION 5.1 Without prejudice to any other rights, Outlaw may terminate this Agreement without notice if Customer fails to comply with the terms and conditions of this Agreement. 5.2 Upon termination of the Agreement for any reason, Customer shall immediately cease use of the Software. 6. NO WARRANTIES 6.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUTLAW PROVIDES THIS SOFTWARE AND ACCESS TO IT EITHER BY INTERNET DOWNLOAD OR OTHER MEANS ON AN AS IS BASIS AND WITH ANY OR ALL FAULTS. OUTLAW DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. 7. LIMITATION OF LIABILITY. 7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUTLAW OR ITS SUPPLIERS SHALL, IN NO EVENT, BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, REMOTE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFITS AND ATTORNEY'S FEES, ARISING FROM OR CAUSED, DIRECTLY OR INDIRECTLY, BY THE DOWNLOAD OR ACQUISITION PROCESS REQUIRED TO OBTAIN THE SOFTWARE, THE INSTALLATION PROCESS FOR THE SOFTWARE, THE SOFTWARE AS IT IS USED, ANY PRODUCT THE SOFTWARE IS USED WITH OR INSTALLED TO, OR ARISING FROM OR CAUSED BY THIS AGREEMENT. 7.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANY DAMAGES THAT CUSTOMER MIGHT INCUR FOR ANY REASON WHATSOEVER, DOWNLOAD, INSTALLATION AND USE OF THE SOFTWARE IS AT CUSTOMER'S SOLE RISK. OUTLAW DISCLAIMS ALL LIABILITY WITH RESPECT TO DAMAGES ARISING FROM OR CAUSED, DIRECTLY OR INDIRECTLY, BY THE SOFTWARE, THE INSTALLATION PROCESS FOR THE SOFTWARE OR ARISING FROM OR CAUSED BY THIS AGREEMENT. 7.3 THE FOREGOING LIMITATIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. 8. GENERAL PROVISIONS 8.1 THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE STATE OF MASSACHUSETTS, EXCLUDING ITS CONFLICT OF LAW PRINCIPLES. CUSTOMER AND OUTLAW AGREE TO EXCLUDE THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS UNDER THIS AGREEMENT AND ANY TRANSACTION BETWEEN THE THEM THAT MAY BE IMPLEMENTED IN CONNECTION WITH THIS AGREEMENT. CUSTOMER AND OUTLAW AGREE THAT THE SUBJECT MATTER AND PERSONAL JURISDICTION ARE PROPER IN THE APPROPRIATE U.S. DISTRICT COURT HAVING JURISDICTION FOR BOSTON, MASSACHUSETTS. 8.2 A Customer may not assign or delegate all or any part of the Customer's obligations or rights under this Agreement without the prior written consent of Outlaw, other than to a person or entity that accepts possession of Customer's applicable Outlaw product to which this software has been installed. By taking title to the applicable Outlaw product any subsequent owner agrees to be bound by the terms of this Agreement. 8.3 No amendment to or modification may be made to this Agreement unless it is in writing and signed by an authorized representative of both Outlaw and the Customer. This Agreement is the complete and final agreement between Outlaw and the Customer with respect to the subject matter of this Agreement. To the extent that any terms of any Outlaw policies or programs for support services conflict with the terms of this Agreement, the terms of this Agreement shall control. 8.4 If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. 8.5 Articles 6, 7, and 8 of this Agreement shall survive its termination and/or expiration.
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