BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. DISTRIBUTION OF THE SOFTWARE IS NOT ALLOWED WITHOUT EXPRESS WRITTEN PERMISSION.
1. License. The software accompanying this License (the "Griffin Software") and the related documentation, if any, are licensed to you by Griffin Technology, Inc. or its local subsidiary, if any ("Griffin"). Griffin and/or Griffin's Licensor(s) retain title to the Griffin Software and related documentation. The non-exclusive and non-transferable license granted by Griffin to you is subject to all of the terms and conditions of this Agreement. Under this licensee, you may use the Griffin Software on an Apple computer for purposes of connecting iMate USB to ADB adapter to such computer via the USB port.
2. Restrictions. The Griffin Software contains copyrighted material, trade secrets and other proprietary material and in order to protect them, and except as permitted by applicable legislation, you may not decompile, reverse engineer, disassemble or otherwise reduce the Griffin Software to a human-perceivable form. You may not modify, network, rent, lease, loan, distribute or create derivative works based upon the Griffin Software in whole or in part. You may not transfer your license rights in the Griffin Software and related documentation to any other party. You may not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Griffin Software or related documentation.
3. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Griffin Software and related documentation and all copies thereof. This License will terminate immediately without notice from Griffin if you fail to comply with any provision of this License. Upon termination you must destroy the Griffin Software and related documentation and all copies thereof.
4. Export Law Assurances. You agree and certify that neither the Griffin Software nor any other technical data received from Griffin, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Griffin Software has been rightfully obtained by you outside of the United States, you agree that you will not re-export the Griffin Software nor any other technical data received from Griffin, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Griffin Software.
5. Government End Users. If the Griffin Software is supplied to the United States Government, the Griffin Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to the Griffin Software are as provided in clause 52.227-19 of the FAR.
6. Disclaimer of Warranty on Griffin Software. You expressly acknowledge and agree that use of the Griffin Software and documentation is at your sole risk. The Griffin Software and related documentation are provided "AS IS" and without warranty of any kind and Griffin and Griffin's Licensor(s) (for the purposes of provisions 6 and 7, Griffin and Griffin's Licensor(s) shall be collectively referred to as "Griffin") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Griffin DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE Griffin SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE Griffin SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE Griffin SOFTWARE WILL BE CORRECTED. FURTHERMORE, Griffin DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE Griffin SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Griffin OR A Griffin AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE Griffin SOFTWARE PROVE DEFECTIVE, YOU (AND NOT Griffin OR A Griffin AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING Griffin PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY Griffin’S NEGLIGENCE.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Griffin BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE Griffin SOFTWARE OR RELATED DOCUMENTATION, EVEN IF Griffin OR A Griffin AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In no event shall Griffin's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Griffin Software.
8. Miscellaneous.
a. Controlling Law. If there is a local subsidiary of Griffin in the country in which the Griffin Software was purchased, then the local law in which the subsidiary sits shall govern this License. Otherwise, this License shall be governed by and construed in accordance with the laws of the United States and the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
b. Severability. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
c. Waiver. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
d. Controlling Language. The controlling language of this agreement is English. If you have received a translation into another language, it has been provided for your convenience only.
e. Surviving Provisions. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination.
f. Fees. If any dispute arises under this agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.
9. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Griffin Software and related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Griffin.
