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ConX Meeting - End-User License Agreement

InFocus Mondopad™ Software End-User License Agreement (EULA)

 

IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and InFocus Corp. for the Mondopad software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and InFocus Corp., (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

 

1. GRANT OF LICENSE.

The SOFTWARE PRODUCT is licensed as follows:

(a) Installation and Use

InFocus Corp. grants you the right to install (if applicable) and use of the SOFTWARE PRODUCT on the installed Mondopad computing device or PC (personal computer) running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed [e.g., Windows 7].

(b) Backup Copies

You may also make a copy of the SOFTWARE PRODUCT as necessary for backup and archival purposes.

(c) If this software was pre-installed on a computing product, you may not copy the SOFTWARE PRODUCT, except for the purpose of creating a backup copy, and install it on any additional device.

 

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

(a) Maintenance of Copyright Notices

You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.

(b) Distribution

You may not distribute registered copies of the SOFTWARE PRODUCT to third parties.

(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.

You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that applicable law notwithstanding this limitation expressly permits such activity. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.

(d) Rental

You may not rent, lease, or lend the SOFTWARE PRODUCT.

(e) Not for Resale

This SOFTWARE PRODUCT is NOT FOR SALE OR RESALE and as such you may not use or transfer the SOFTWARE PRODUCT for neither commercial purposes nor sell, or otherwise transfer it for value. Commercial purposes include the use of the SOFTWARE PRODUCT in the creation of publicly distributed computer software.

(f) Software Transfer

You may permanently transfer all of your rights under this EULA, provided you (a) retain no copies, (b) transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and (c) the recipient agrees to abide by all of the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT and all of your rights therein, if any.

(g) Support Services

InFocus Corp. may at its discretion provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to InFocus as part of the Support Services, InFocus may use such information for its business purpose, including for product updates and development. InFocus will strive to utilize such technical information in a form that does not personally identify you.

(h) Updates

InFocus Corp. may provide you with software updates to the SOFTWARE PRODUCT ("Updates"). Any supplemental software code provided to you as part of the Updates shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. Updates to any third party software are subject to applicable licenses but not necessarily this EULA.

(i) Compliance with Applicable Laws

You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.

 

3. TERMINATION

Without prejudice to any other rights, InFocus Corp. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.

 

4. COPYRIGHT AND TRADEMARKS

All title, trademarks and copyrights in and pertaining to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animation, video, audio, Music, text, and applets incorporated into the SOFTWARE PRODUCT), the accompanying, printed materials and any copies of the SOFTWARE PRODUCT are owned by InFocus. The SOFTWARE PRODUCT is protected by copyright and trademark laws and international treaty provisions. You must treat the SOFTWARE PRODUCT like any other copyrighted for archival purposes, and you may not copy the printed materials, if any, accompanying the SOFTWARE PRODUCT.

You may not remove, modify or alter any InFocus copyright or trademark notice from any part of the SOFTWARE PRODUCT, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the InFocus Setup Wizard dialogue or 'about' boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or dynamically or otherwise created by the SOFTWARE PRODUCT.

 

5. CONSENT TO USE OF DATA

(a) If you choose to allow InFocus to collect diagnostic and usage information, you agree that InFocus and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about your computer, system and application software, and peripherals. You further agree that such information may be gathered periodically to provide and improve InFocus’s products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the Software Product, and to verify compliance with the terms of this License. Please note that InFocus, in its discretion, may use this information, as long as it is collected in a form that does not personally identify you, for the purposes described above.

(b) Privacy Policy. At all times your information will be treated in accordance with InFocus’s Privacy Policy, which can be viewed at: https://www.infocus.com/privacy-policy

 

6. MISCELLANEOUS

If you acquired or use this SOFTWARE PRODUCT in the United States, this EULA is governed by the laws of the State of Oregon. If this SOFTWARE PRODUCT was acquired and is used exclusively outside of the United States, then local law may also apply. Should you have any questions concerning this EULA, or if you desire to contact InFocus for any reason, please contact the InFocus distributor serving your country, or write: In Focus Corporation, Inc. at the address referenced in Section 6 above. Any suit or action arising out of or in connection with this EULA shall be brought and maintained in the federal or state courts of Portland, Oregon, USA and both parties submit to the exclusive jurisdiction of the federal or state courts of Portland, Oregon, USA in relation to any dispute concerning this agreement. The controlling language of this EULA is English. You agree to bear any and all costs of interpreters if necessary. If you have received a translation into another language, it has been provided for your convenience only.

 

7. DISCLAIMER OF WARRANTIES

If you are a customer who is a consumer (someone who uses the Software Product outside of your trade, business or profession), you many have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about your rights, you should contact a local consumer advice organization.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTEND PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE PRODUCT AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE PRODUCT AND SERVICES PERFORMED BY THE SOFTWARE PRODUCT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND INFOCUS AND INFOCUS’ LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

INFOCUS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT AND SERVICES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED BY THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT AND SERVIDES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE SOFTWARE PRODUCT OR SERVICES WILL BE CORRECTED, OR THAT THE SOFTWARE PRODUCT WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS SOFTWARE PRODUCT MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.

YOU FURTHER ACKNOWLEDGE THAT THE SOFTWARE PRODUCT AND SERVICES ARE NOT INTENTED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR NINACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE MONDOPAD SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SUSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INFOCUS OR AN INFOCUS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PRODUCT OR SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT IMPLIED WARRANTIES MAY NOT BE ENTIRELY DISCLAIMED BYT IMPLIED WARRANTY LIMITATIONS ARE ALLOWED BY APPLICABLE LAW, IMPLIED WARRANTIES ON THE SOFTWARE PRODUCT, IF ANY ARE LIMITED TO NINETY (90) DAYS.

 

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL INFOCUS OR ITS SUPPLIERS BE LIABLE FOR PERSONAL INJURY, OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER INTERRUPTION, CORRUPTION OR LOSS OF DATA, LOSS OF BUSINESS INFORMATION, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SOFTWARE PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF INFOCUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. In no event shall InFocus’ total liability for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred and fifty dollars (U.S. $250.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

 

March 1, 2018

InFocus Corporation
13190 SW 68th Parkway Suite 200
Portland, Oregon 97223