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COPYRIGHT © 2003 MERIT INDUSTRIES, INC.
Grant Of License
10. Licensor grants to you the right to use one copy of the Software on a single Megatouch™
("Machine") accompanied by a single licensor factory authorized security key. Licen-
sor reserves the right to update versions of the software and the content to the
Machine as deemed appropriate by the Licensor.
Disclaimers
11. EXCEPT AS PROVIDED IN THE SECTION ENTITLED "LIMITED WARRANTY", LICENSOR
MAKES NO OTHER PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EX-
PRESSED OR IMPLIED, REGARDING OR RELATING TO THE SOFTWARE OR CONTENT
THEREIN OR TO ANY OTHER MATERIAL FURNISHED OR PROVIDED TO YOU PURSU-
ANT TO THIS AGREEMENT OR OTHERWISE AND LICENSOR SPECIFICALLY DISCLAIMS
ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE WITH RESPECT TO SAID MATERIALS OR THE USE THEREOF. TO THE MAXI-
MUM EXTENT ALLOWABLE BY LAW THE UNIFORM COMMERCIAL CODE OR OTHER
UNIFORM LAWS SHALL NOT APPLY TO THIS AGREEMENT.
Limitation on Liability
12. IN NO EVENT SHALL LICENSOR BE LIABLE UNDER ANY CLAIM, DEMAND OR ACTION
ARISING OUT OF OR RELATING TO THE SOFTWARE, OR LICENSOR'S PERFORMANCE
OR LACK THEREOF UNDER THIS AGREEMENT FOR ANY SPECIAL, INDIRECT, INCIDEN-
TAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT LICENSOR
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, DEMAND OR ACTION. IN
ADDITION, WITHOUT LIMITING THE FOREGOING, IN ALL EVENTS THE REMEDIES AVAIL-
ABLE TO YOU SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO LICENSOR FOR
THE SOFTWARE.
13. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY
LOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE.
General
14. The validity and construction of this Agreement and of the rights and obligations herein
shall be determined and governed by the laws of the Commonwealth of Pennsylvania,
USA. Any controversy or claim arising out of or relating to this agreement shall be
resolved in the appropriate venue in Pennsylvania, USA.
15. Merit, in its sole discretion, may assign this agreement or any of its rights and obliga-
tions hereunder.
16. If you have any questions concerning this Agreement or wish to contact Licensor for
any reason, please write: Merit Industries, Inc., 2525 State Road, Bensalem, PA 19020,
USA.
PM0425-04 MEGATOUCH FORCE FUSION OWNER’S MANUAL 32