Mio Cyclo 100 Series User Manual page 22

recipient agrees to the terms of this Agreement. Any transfer must include all
prior versions, updates and upgrades of the Software. Except as set forth above,
you may not transfer or assign the Software or any of your rights under this
Agreement.
EXPORT RESTRICTIONS: You agree to comply with all applicable international
or national laws that apply to the Software and/or the Documentation, and
you will not export or re-export the Software or Documentation (or any copies
thereof) or any product utilizing the Software or Documentation in violation of
any applicable laws or regulations of the United States or the country in which
you obtained them.
OWNERSHIP; INTELLECTUAL PROPERTY RIGHTS: Mio or its suppliers or
licensors thereof, owns all title, ownership and intellectual property rights in
and to the Software and the Documentation, and any copies thereof regardless
of the form or media. Except as expressly provided herein, this Agreement does
not grant you any rights to patent, copyrights, trade secret, trademarks, or any
other rights in respect to the Software and the Documentation.
TERMINATION: This Agreement is effective until terminated. You may
terminate this Agreement at any time by destroying the Software and the
Documentation together with all copies and merged portions in any form.
This Agreement will also be terminated immediately if you fail to comply with
any term or condition of this Agreement. In such event, you must destroy the
Software and the Documentation together with all copies and merged portions
in any form.
GOVERNING LAW: This Agreement shall be governed by the laws of People's
Republic of China. The United Nations Convention on Contract for the
international Sale of Goods is hereby excluded in its entirety from application
to this Agreement.
LIMITED WARRANTY; LIMITED LIABILITY: All warranties and limitations of
liability applicable to the Software and the documentation are as stated on the
Limited Warranty or in the product manual accompanying the Software or the
Product. Such warranties and limitations of liability are incorporated herein
their entirety by this reference.
EXCEPT AS PROHIBITED BY LAW, MIO AND ITS SUPPLIERS OR LICENSORS
SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL,
PUNITIVE OR INCIDENTAL DAMAGES OF ANY KIND, OR LOSS OF
INFORMATION OR DATA, ARISING FROM OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF THE SOFTWARE AND/OR DOCUMENTATION.
THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL
PURPOSE.
SEVERABILITY: In the event any provision of this Agreement is found to be
invalid, illegal or unenforceable, the remaining provisions shall be still valid,
legal and enforceable without being affected or impaired in any way and a valid,
legal and enforceable provision of similar intent and economic impact shall be
substituted therefor.
ENTIRE AGREEMENT: This Agreement sets forth the entire understanding
and agreement between you and Mio with respect to the Software and
Documentation, and supersedes all prior agreements and communications,
whether orally or written thereof.
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