CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT. BY CHECKING THE "ACCEPT" CHECKBOX, BY DOWNLOADING THE SOFTWARE OR PROVIDING OTHER ACKNOWLEDGEMENT OF CONSENT, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT CONSENT TO THE TERMS OF THIS AGREEMENT AND DO NOT ACCESS OR USE THE SOFTWARE.
1. LICENSE GRANT:
2. TITLE. The Software is being licensed to you. With the exception of your license under this Agreement, we own all right, title and interest in the Software.
3. ARCHIVAL OR BACKUP COPIES You may either: make one copy of the Software solely for backup or archival purposes, or transfer the Software to a single hard disk, provided you keep the original solely for backup or archival purposes.
4. THINGS YOU MAY NOT DO. The Software is protected by United States copyright laws and international treaties. You may not:
5. TRANSFERS. You may transfer all your rights to use the Software to another person or legal entity provided you transfer this Agreement, the Software, including all copies, update and prior versions to such person or entity and that you retain no copies, including copies stored on computer.
6. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED TO YOU "AS IS," AND PLANTRONICS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. PLANTRONICS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICUALR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PLANTRONICS, ITS EMPLOYEES, OR DISTRIBUTORS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
7. EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLANTRONICS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INFRINGEMENT, LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF OR THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS LICENSE AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF PLANTRONICS OR ANY SUPPLIER, EVEN IF PLANTRONICS OR ANY OTHER SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF PLANTRONICS AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR $5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
9. TERM AND TERMINATION. This License Agreement takes effect upon installation of the Software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software in your possession, including any copy on your computer system. It will also automatically terminate if you fail to comply with any term or condition of this License Agreement. You agree on termination of this License Agreement to either return to us or destroy all copies of the Software in your possession.
10. CONFIDENTIALITY. The Software contains trade secrets and proprietary know-how that belong to Plantronics and each respective third party having rights to the software applications contained in the Software and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
11. GENERAL PROVISIONS.