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END USER LICENSE AGREEMENT
IMPORTANT: READ CAREFULLY:
This End User License Agreement
(“EULA”) is a legal agreement between you, the End User (“End
User” or “You”), and Bose Corporation (“Bose”) governing your
use of the technology and software and data and data content
belonging to Bose, its vendors and licensors (“Technology”),
that is contained in this audio/video device (“System”). By
tearing open the protective wrapping on this System, you are
agreeing to be bound by the terms of this EULA. In the event
you disagree with any of the terms contained herein, DO NOT
UNWRAP THIS SYSTEM. Return the sealed System to Bose
Corporation for a full refund.
Copyright laws and international copyright treaties, as well as
other intellectual property laws and treaties protect the
Technology contained within this System. The Technology is
being licensed, not sold. This EULA grants you the right to use
the Technology only on this Bose
®
System. You may NOT
transfer, lend, distribute, prepare derivative works, reverse
engineer, de-compile, or disassemble the Technology, except
and only to the extent that applicable law expressly permits
such activity. You agree that you will use the Technology and the
System solely for your own personal non-commercial use.
The Technology contains software that allows You to obtain
vendor-supplied music-related information, including name,
artist, track, and title information (“Data”). You may use Data
only by means of the intended End User functions of the
Technology. You agree not to assign, copy, transfer or transmit
such Data to any third party. YOU AGREE NOT TO USE OR
EXPLOIT DATA EXCEPT AS EXPRESSLY PERMITTED HEREIN.
You agree that your non-exclusive license to use the Technology
will terminate if you violate these restrictions. If your license
terminates, you agree to cease any and all use of the
Technology or Data. Bose, its vendors and licensors reserve all
rights in the Technology, including all ownership rights. You
agree that the vendors and licensors of Bose may enforce their
rights under this Agreement directly in their own name.
Bose warrants this System in accordance with the provisions
of the warranty card delivered with this System.
EXCEPT AS
EXPRESSLY SET FORTH THEREIN, BOSE, ITS VENDORS,
AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES,
EXPRESS, IMPLIED, AND STATUTORY, IN CONNECTION WITH
THE TECHNOLOGY, INCLUDING WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, NON-
INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR
A PARTICULAR PURPOSE. IN NO EVENT WILL BOSE, ITS
VENDORS, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OR INABILITY TO USE THE
TECHNOLOGY. IN NO EVENT SHALL BOSE BE LIABLE FOR
ANY DAMAGES.
None of the Technology shall be exported or re-exported in
violation of any export provisions of the United States or any
other applicable jurisdiction. Any attempt to sublicense, assign
or transfer any of the rights, duties or obligations hereunder
shall be void. This Agreement shall be governed by and
interpreted under the laws of the Commonwealth of
Massachusetts, without regard to its conflicts of law provisions.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND
UNDERSTAND THIS AGREEMENT AND AGREE TO BE
BOUND BY ITS TERMS. YOU FURTHER AGREE THAT
THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE
STATEMENT OF THE AGREEMENT BETWEEN YOU AND BOSE
AND SUPERCEDES ANY PROPOSAL OR PRIOR AGREEMENT,
ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS
RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.