General Sleep Zmachine Insight+ DT-200 Service Manual page 43

respective heirs, agents, representatives, successors and assigns. The invalidity or
unenforceability of any particular provision of this Agreement shall not affect the other
provisions hereof and this Agreement shall be construed in all respects as if such invalid or
unenforceable provision were omitted.
Software License Agreement
The computer software ("Licensed Software") loaded on the Zmachine (the "System") is
licensed, not sold, for your use under the terms of this license. Consolidated Research of
Richmond, Inc., dba General Sleep Corporation ("GSC") reserves any rights not expressly
granted to you. While you may possess the System, GSC retains all ownership rights and title to
the Licensed Software. You are hereby granted the non-exclusive right to use the Licensed
Software solely with the specific System on which the Licensed Software was provided to you.
You shall not transfer the Licensed Software in any manner from the System to any other
computer or system without the prior written consent of GSC. You shall not distribute copies of
the Licensed Software or its related documentation to others. You shall not modify or translate
the Licensed Software or its related documentation without the prior written consent of GSC.
The Licensed Software is proprietary; you may not decompile, reverse engineer, disassemble, or
otherwise reduce the Licensed Software to a human-perceivable form. If you transfer the System,
you have the right to transfer the Licensed Software provided that the transferee agrees to be
bound by the terms and conditions of this License Agreement. This License remains effective
until terminated. This License will terminate automatically without notice from GSC, if you fail
to comply with any term or provision of this License. Upon termination of this License, you may
not make any further use of the Licensed Software.
THE LICENSED SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
ANY WARRANTY WITH RESPECT TO ITS MERCHANTABILITY OR ITS FITNESS
FOR ANY PARTICULAR PURPOSE. GSC DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE LICENSED SOFTWARE WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED SOFTWARE
WILL BE UNINTERRUPTED OR ERROR FREE OR THAT SUCH ERRORS IN THE
LICENSED SOFTWARE WILL BE CORRECTED.
GSC'S ENTIRE LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE
WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, AND YOUR
EXCLUSIVE REMEDY SHALL BE LIMITED TO THE MONEY PAID FOR THE
SYSTEM, WHICH INCLUDED THE LICENSED SOFTWARE. IN NO EVENT SHALL
GSC BE LIABLE TO YOU (1) FOR ANY INCIDENTAL, CONSEQUENTIAL, OR
INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE ANY LICENSED
SOFTWARE EVEN IF GSC OR ANY AUTHORIZED GSC REPRESENTATIVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (2) FOR ANY
CLAIM BY ANY OTHER PARTY.
This License Agreement will be construed under the laws of the State of Ohio. If any provision
of this License Agreement shall be held by a court of competent jurisdiction to be contrary to law,
that provision will be enforced to the maximum extent permissible, and the remaining provisions
of this Agreement will remain in full force and effect. Should you have any questions concerning
this License Agreement, you may contact GSC by writing to General Sleep Corporation, at 26250
Euclid Avenue, Suite 709, Euclid, Ohio 44132.
37
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