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Software End User License Agreement

You may use our software and services only on the condition that you agree to abide by the following terms. We sincerely recommend that you shall read this Agreement very carefully.

BY DOWNLOADING, INSTALLING OR USING OUR SOFTWARE, YOU ARE AGREEING ELECTRONICALLY TO THE TERMS OF THIS SOFTWARE END USER LICENSE AGREEMENT (THE “AGREEMENT” or “LICENSE”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT INSTALL, COPY, OR USE THE SOFTWARE.



1. DEFINITIONS:

1.1 "Software". This Agreement shall apply to the software, services and all subsequent updates that accompany your use of the same.

1.2 "Documentation" means all manuals, user documentation, and any other related materials pertaining to the Software.

1.3 “You”. In this Agreement, we use the term “you” or “your” to mean you as an individual or such entity in whose behalf you act, if any. You represent and warrant that you have adequate legal capacity to enter into this Agreement and that you will use the Software only for lawful purpose.

1.4 “ATEN” shall mean ATEN International Co., Ltd and its subsidiaries.



2. GRANT OF RIGHTS:

2.1 Provided that you comply with the terms of this Agreement, ATEN grants you a personal, limited, non-exclusive, non-transferable, non-sublicense, non-assignable, and non-irrecoverable license to install the Software on the hardware with ONE COPY ONLY. ATEN retains and reserves all rights not expressly granted to you. This license does not entitle you to receive from us hard-copy documentation, support, telephone assistances, or enhancements or updates to the Software.

2.2 Aforesaid grants are restricted as follows: (a) The Software hereunder is a license and not a sale. This Software and any content and services provided with Software are protected by copyright and other intellectual property laws and by international treaties. You shall not have any right, title or interest on the Software. ATEN reserves all rights not expressly granted. (b) You may make a single archival copy of the Software but may not copy, modify, distribute, or resell the Software. (c) You may not rent, lease, lend or encumber the Software. (d) You may not decompile, or reverse engineer the Software. (e) The terms and conditions of this Agreement will apply to any Software updates which is at ATEN's sole discretion.



3. DISCLAIMER OF WARRANTY:

3.1 ATEN licenses the Software “AS IS” and for your convenience only. ATEN does not warrant that this Software will meet your requirements or that its operation will be uninterrupted or error-free. No oral or written information or advice given by ATEN shall create a warranty or in any way increase the scope of any warranty that cannot be disclaimed under the applicable law. ATEN has no liability with respect to your use of the Software.

3.2 If any implied warranty may not be disclaimed under applicable law, then such implied warranty is limited to 30 days from the date you acquired the Software from us.



4. LIMITATION OF LIABILITY:

IN NO EVENT SHALL ATEN BE LIABLE TO YOU OR ANY END-USERS, FOR ANY LOSS OF PROFIT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE LICENSING OR USE OF THE SOFTWARE, DOCUMENTATION FOR ANY ERROR OR DEFECT.

To the maximum extent permitted by applicable law and in any case, ATEN's entire collective liability under any provision of this Agreement shall not exceed the replacement of defective media or hardware. Notwithstanding the foregoing, some jurisdictions do not allow the exclusion or limitation of the above liability, so the above limitation may not apply to you.



5. EXPORT REGULATIONS:

The Software, Documentation and any other materials delivered herein are subject to the applicable export, import and control laws, rulers, orders and regulations of R.O.C. and foreign nations. You must comply strictly with these laws that apply to the Software. Without any proper authorization from domestic or foreign government, you may not export, re-export, or import the Software received from us.



6. TERM AND TERMINATION:

This Agreement is effective from the date you first use the Software and shall continue until terminated. This Agreement automatically terminates if you fail to comply with the terms hereof. Upon termination, you must stop all use of the Software and must destroy all copies of the Software that are in your possession.



7. MISCELLANEOUS:

7.1 If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect ATEN's original intent, and the remaining portions remain in full force and effect, or ATEN may at its option terminates this Agreement.

7.2 This Agreement shall be governed by and construed in accordance with the laws of the Republic of China.

7.3 The controlling language of this Agreement is English. If any translation into another language, it has been provided for your convenience only. In any event the conflicts exist, English version shall prevail.

7.4 You may not assign or otherwise transfer by operation of law or otherwise this Agreement any rights or obligations herein.

7.5 Neither party shall be in default or be liable for any delay, failure in performance or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.