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This End User License Agreement ("Agreement") is a legal agreement between Analog
Devices, Inc. ("ADI") and you. By installing and using the ADI SoundMAX software
(the "Software") you agree to be bound by the terms of this Agreement.
1. Grant of License. Subject to the terms and conditions of this Agreement and
your acceptance thereof, ADI hereby grants to you and you accept a personal, non-
transferable, non-exclusive license (which shall be revocable pursuant to the
terms of this Agreement) to installing the Software on a single computer.
3. Reservation of Rights. ADI does not grant and you do not obtain any implied
licenses under this Agreement, and ADI reserves all rights, title and interests of
any kind that are not expressly granted to you in this Agreement. ADI or its
licensors retains title to and all ownership interests in all proprietary rights,
including without limitation copyrights, trademark rights, patent rights, trade
secret rights, and any other intellectual or industrial property rights throughout
the world with respect to the Software.
4. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY
OF ANY KIND. ADI MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS
OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), WITH RESPECT TO OR RELATING TO
THE SOFTWARE PRODUCT R THIS AGREEMENT. ADI EXPRESSLY DISCLAIMS ALL IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF ACCURACY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ALL
WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE
OF TRADE. ADI DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR THAT
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, AND HEREBY DISCLAIMS ANY AND ALL
LIABILITY ON ACCOUNT THEREOF. ADI MAKES NO WARRANTY THAT ALL ERRORS, FAILURES OR
DEFECTS WILL BE CORRECTED. THIS SECTION 4 SHALL BE ENFORCEABLE TO THE MAXIMUM
EXTENT ALLOWED BY APPLICABLE LAW. Some jurisdictions prohibit the exclusion of
implied warranties or limitations. In this case, your sole and exclusive remedy
for a breach of warranty shall be, at ADI's option and in its sole discretion,
replacement or repair of the Software or return for a refund of the purchase
price, if any.
7. General. With your acceptance you agree to be bound by the terms in this
Agreement and acknowledge that you have read and understand this Agreement. You
further agree that this Agreement is the complete and exclusive statement of the
understanding between ADI and you. This Agreement shall be governed by and
construed in accordance with the laws of the Commonwealth of Massachusetts.