eaReckon EARebound User Manual page 29

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Without prejudice to any other remedy in law or in equity that the Rightholder may have, in the event of
any breach by You of any of the terms and conditions of this Agreement, the Rightholder shall at any
time without notice to You be entitled to terminate this License to use the Software without refunding the
purchase price or any part thereof.
6.
CONSENT TO USE OF DATA
You agree that the Rightholder and its affiliates may collect, store and use information about You as a
person including Your name, address, email address and payment history, and Your computer as part of
registration and/or authorization process and to provide support services related to the Software. The
Rightholder will take customary industry measures to assure that the information stored in the
Rightholder's database about You and Your computer cannot be used to identify You or Your Computer.
The Rightholder may engage other companies and individuals ("subcontractors") to perform functions on
its behalf, such as payment processing, order fulfilment, marketing programs and customer service. The
Rightholder may share Your information with such subcontractors in order to perform these and other
functions. The Rightholder also may transfer this information to a third party who purchases eaReckon
or the division distribution of the Software. For more detailed information on the collection, use and
transfer of Your personal information, and for information on how to opt out of or unsubscribe from the
communications described above, please read the eaReckon privacy policy on the eaReckon website
(http://www.eareckon.com).
7.
UPGRADES – UPDATES – SUPPLEMENTS
This EULA applies to upgrades, updates or supplements to the original Software provided by the
Rightholder, unless other terms are provided along with the upgrade, update or supplement. Such
upgrades, updates and supplements may include a separate end user license agreement ("Component
Agreement") which You must review and agree to before using any such upgrade, update or
supplement. In the event of any inconsistencies between this EULA and any Component Agreement, the
terms of this EULA shall control.
8.
OWNERSHIP
The Software is protected by copyright and other intellectual property laws and treaties. The Rightholder
or its suppliers own the title, copyright, and other intellectual property rights in the Software. Any copy of
the Software You make must contain the same proprietary notices as contains in the original copy
delivered to You.
9.
LIMITED WARRANTY AND DISLCAIMER
9.1
You acknowledge, accept and agree that no software is error free and You are advised to back-up the
Computer, with frequency and reliability suitable for You.
9.2
The Rightholder does not provide any guarantee that such-and-such 3
example) will work correctly with the Software.
9.3
THE SOFTWARE IS PROVIDED "AS IS" AND THE RIGHTHOLDER MAKES NO REPRESENTATION
AND GIVES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY,
CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR
LIMITED BY APPLICABLE LAW THE RIGHTHOLDER AND ITS PARTNERS MAKE NO WARRANTY,
CONDITION, REPRESENTATION, OR TERM (EXPRESSED OR IMPLIED, WHETHER BY STATUTE,
COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT
User manual
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29

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