FRIENDTECH DreamX CONSOLE SYSTEM LICENSE AGREEMENT
IMPORTANT: Do not use the hardware (the “Media Key”) in the enclosed sealed package until you have carefully read this agreement to the terms of this license.
THIS END-USER LICENSE AGREEMENT AND LIMITED WARRANTY IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND FRIENDTECH WITH REGARD TO FRIENDTECH'S PRODUCT(S). BY OPENING THE SEALED HARDWARE PACKAGE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE PRODUCT AND ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT OPEN THE SEALED HARDWARE PACKAGE. YOU MAY PROMPTLY RETURN THE UNOPENED PACKAGE AND ACCOMPANYING ITEMS (INCLUDING ALL HARDWARE, MEDIA, AND WRITTEN MATERIALS THAT ARE PART OF THIS PRODUCT) TO THE PLACE OF PURCHASE.
In this agreement “Product” means and includes hardware, software, and/or firmware, and any printed and/or electronic materials and documentation accompanying the Product. The Product is protected by intellectual property, patent, and design laws and any relevant international treaties.
1. Grant of License. FriendTech Computer grants you a non-exclusive license to use the Product. All rights not expressly granted to the Licensee are reserved to FriendTech Computer.
2. Restrictions on Use. The license to use the Product includes the right to keep only one backup and/or archival copy of software, in machine-readable form. It is not permitted and is strictly prohibited to:
- Use the Product for any illegal purposes, including making copies of software other than as permitted in this license. Licensee may be held liable for copyright infringement that results from unauthorized copying.
- Sale, transfer, sublicense, lease, rent, and/or grant any rights on the Product (including any time-sharing arrangement) in any form to any third party, without prior written consent of FriendTech Computer.
- Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the software or its accompanying printed or written materials, except for archival purposes.
- Remove any proprietary written and/or electronic labels, marks, trademarks, copyright notices, or warnings on the Product.
3. Revocation of License. Failure to comply with any of the terms and restrictions of the License Agreement will automatically terminate this license.
4. Limited Warranty. a. FriendTech warrants the Product to be free from defects in materials and workmanship under normal use for a period of 90 days from the date of original retail purchase.
b. In the case of damage that occurs within the 90-day warranty period but does not meet the criteria described above, you can make a request by mail or phone to FriendTech describing the cause of the damage and FriendTech may, at its own discretion, agree to repair or replace the product.
c. It is solely the responsibility of the user to determine the software's suitability for a particular purpose or use.
d. The warranty and remedies set forth above are exclusive and in lieu of all others, oral or written, expressed or implied.
5. Limited Liability. Except for the warranties expressly stated above, neither FriendTech Computer, nor anyone else involved in the creation, production, or delivery of this product, shall be liable for direct, indirect, special, consequential, or incidental damages resulting from any defect over commission in the product or manual or from any other events including, but not limited to, any interruption of service, loss of business, loss of profits or good will, legal action, or any other consequential damages. You will be in violation of the law if you fail to comply with any of its provisions.
6. Governing Law. This License Agreement and Limited Warranty are governed by the laws of the Republic of China. The courts of the Republic of China are to be the sole courts having jurisdiction to resolve any disputes. Any terms or conditions of this Agreement found to be unenforceable, illegal, or contrary to public policy in any jurisdiction will be deleted, but will not affect the remaining terms and conditions of the Agreement.
(duck121903)
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