Avidyne Entegra EX5000 MFD Series Installation Manual page 128

ANY PRODUCT COMPONENT SUPPLIER'S RESPONSIBILITY OR LIABILITY WILL IN ANY WAY BE ENLARGED OR OTHERWISE
ALTERED DUE TO AVIDYNE'S PROVISION OF TECHNICAL SUPPORT OR TRAINING RELATED TO THE PRODUCT.
WITHOUT LIMITING THE FOREGOING, NEITHER AVIDYNE (NOR ITS AFFILIATES) MAKE ANY REPRESENTATIONS, AFFIRMATIONS
OR WARRANTIES REGARDING OR RELATED TO PRODUCTS NOT MANUFACTURED BY AVIDYNE OR REGARDING OR RELATED TO
THE PERFORMANCE OR RELIABILITY OF ANY SUCH PRODUCT, EITHER ALONE OR WHEN USED WITH ANY PRODUCT
MANUFACTURED BY AVIDYNE, OR THE SUITABILITY OF ANY SUCH PRODUCT FOR USE WITH ANY PRODUCT MANUFACTURED BY
AVIDYNE. AVIDYNE (AND ITS AFFILIATES) EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, AFFIRMATIONS AND/OR
WARRANTIES REGARDING OR RELATED TO ANY SUCH PRODUCTS. IN NO EVENT WILL AVIDYNE (OR ITS AFFILIATES) BE
RESPONSIBLE OR LIABLE FOR ANY DAMAGE OF ANY NATURE WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, LOSS OF USE, LOSS OF REVENUE OR PROFIT, PROPERTY DAMAGE, PERSONAL INJURY,
WRONGFUL DEATH, OR OTHER DAMAGE (WHETHER OR NOT AVIDYNE (OR ITS AFFILIATES) WERE NOTIFIED OF THE POSSIBILITY
THAT ANY DAMAGE MIGHT BE INCURRED), ARISING OUT OF OR RELATED TO PRODUCTS NOT MANUFACTURED BY AVIDYNE,
THE PURCHASE OR SALE OF SUCH PRODUCTS, THEIR PERFORMANCE OR RELIABILITY, EITHER ALONE OR WHEN USED WITH
ANY PRODUCT MANUFACTURED BY AVIDYNE, OR THE SUITABILITY OF ANY SUCH PRODUCT FOR USE WITH ANY PRODUCT
MANUFACTURED BY AVIDYNE.
THIS EXCLUSIVE LIMITED WARRANTY ALSO APPLIES IN LIEU OF AND EXPRESSLY SUPERCEDES AND EXCLUDES ALL OTHER
RIGHTS ANY PURCHASER HAS OR MAY HAVE RELATED TO THE PRODUCT AND/OR ARISING OUT OF OR RELATED TO ITS
PURCHASE, SALE, PERFORMANCE, RELIABILITY OR USE, EITHER ALONE OR WITH ANY OTHER PRODUCT OR PRODUCTS,
WHETHER IN CONTRACT, IN TORT (INCLUDING RIGHTS SOUNDING IN NEGLIGENCE, STRICT LIABILITY AND
MISREPRESENTATION), UNDER STATUTE, AT LAW, IN EQUITY, OR OTHERWISE, AND PURCHASER EXPRESSLY AND KNOWINGLY
WAIVES ALL SUCH RIGHTS TO THE FULLEST EXTENT PERMITTED BY LAW. PURCHASER ALSO EXPRESSLY AND KNOWINGLY
AGREES THAT THE PRODUCT IS NOT A CONSUMER GOOD.
THE FOREGOING PARAGRAPHS DEFINE AND LIMIT AVIDYNE'S SOLE RESPONSIBILITY AND LIABILITY AND PURCHASER'S SOLE
AND EXCLUSIVE REMEDIES RELATED TO THE PRODUCT.
Some jurisdictions may not allow the exclusion or limitation of warranties or liabilities, in which case the above limitations or exclusions, or some
of them, may not apply in those jurisdictions.
Avidyne Corporation ("Avidyne") is willing to license this software, pilot's guide, and related materials (the "Software") only on the
condition that you agree to all the terms of this agreement. Please read these terms carefully.
Trademarks
Avidyne and the Avidyne logo are trademarks of Avidyne Corporation. Other brands or products are the trademarks or registered
trademarks of their respective holders and should be treated as such.
License and Certain Restrictions
You may use the Software on the EX500 on which it was delivered. You may not copy the Software for any purpose. You may not
transfer the Software or any rights under this Agreement to another party without this Agreement. The other party must agree to
accept the terms of this Agreement. The Software contains trade secrets. You may not decompile, reverse engineer, disassemble,
or otherwise reduce the Software to human-readable form. You may not modify, adapt, translate, rent, sublicense, assign, lease,
loan, resell for proof, distribute, or network the Software, disk or related materials or create derivative works based upon the
software or any part thereof. Title, ownership rights, and intellectual property rights in and to the Software belongs to Avidyne and
its licensors. The Software is protected by the copyright laws of the United States and by international copyright treaties. Title,
ownership rights and intellectual property rights in and to the content accessed through the Software is the property of Avidyne,
and where applicable, to the licensor content owners and may be protected by applicable copyright or other law. This Agreement
gives you no rights to such content.
Note, the Software includes an internal capability to record certain of the operations and data generated by or provided to the
EX5000, hereinafter referred to as "data files". These data files are an integral part of the Software as they assist Avidyne in
testing and assessing the performance of the Software and the EX500. You agree in partial consideration for this license that
such data files are the property of Avidyne and that you will neither tamper with nor destroy such data files. Further you agree to
make such data files (or the EX5000) available to Avidyne at reasonable times and upon reasonable notice. Avidyne will
endeavor to keep the information contained in the data files confidential, except to the extent required by reasonable exercise of
its obligations to the FAA or other governmental agency or as a part of a court order. Avidyne makes no commitment to review or
share the information contained within the data files with you, and you agree that you have no expectation that this information will
be reviewed or shared.
Software License
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EX5000 Installation Manual
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