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4. Limited Liability: THE LIABILITY OF THE COMPANY FOR ANY CLAIMS ARISING OUT OF THIS
LICENSE AND/OR BASED UPON THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION, SHALL
NOT EXCEED THE GREATER OF THE LICENSE FEE FOR THE SOFTWARE OR THE COST OF THE
PRODUCT. IN NO EVENT SHALL TELEX BE LIABLE FOR ANY LOSS OF DATA, LOST OPPORTUNITY
OR PROFITS, COST OF COVER, OR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES, EVEN IF YOU ADVISE COMPANY OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS
AN ESSENTIAL TERM OF THIS AGREEMENT AND YOU ACKNOWLEDGE THAT THE AMOUNT YOU
PAID FOR THE PRODUCT AND SOFTWARE REFLECTS THIS ALLOCATION OF RISK.
5. Other Third-Party Computer Programs: As referred to herein, the term "Software" refers
only to proprietary Midas™ or Klark Teknik™ Software, developed by Company, that has been
provided to you for installation on, or already installed in, your Midas™ or Klark Teknik™ Product.
In addition to this Software, you may have also been provided, at no additional charge, a version
of the widely-available Linux software, which is a modular operating system made up of
hundreds of individual software components, each of which were written and copyrighted
individually by various parties (collectively, the "Linux Programs"). Each component has its own
applicable end user license agreement.
Linux End User License Agreement ("Linux EULA") that permits you to copy, modify, and
redistribute the Software. However, you must review the on-line documentation that shares a
directory or otherwise accompanies each of the Linux Programs included in this Product, for the
applicable Linux EULA. Nothing in this license agreement limits your rights under, or grants you
rights that supersede, the terms of any applicable Linux EULA. If you wish to receive a
computer-readable copy of the source code for the Linux programs that have been provided with
your Midas™ or Klark Teknik™ product, send a check or money order (no cash accepted), your
address, and $10.00 to cover the cost of optical media, postage and handling, to:
Telex Communications, Inc.
ATTN: Linux Programs CD for Midas™/Klark Teknik™
12000 Portland Ave South
Burnsville, Minnesota 55337.
In your request, indicate your Product's name and model number, serial number, and
version/release information. This offer made pursuant to the Linux EULA may expire according
to the terms of the Linux EULA, in which case your check will be returned to you or destroyed at
our option. Please note that the Linux distribution that may be available to you under this offer
consists of the Linux kernel only and does not contain any application software not
covered by the Linux EULA. Other updated Linux distributions containing application software
are widely available from a variety of Internet sources, and are often available at minimal or no
cost.
6. Termination: This License will terminate immediately if you violate any of the License terms.
Upon termination you must discontinue use of the Software, and either destroy, erase, or return
to Company all copies of the Software in your possession, custody or control, including those in
or on the Product.
7. General: This License constitutes the entire agreement between you and Company with respect
to this Software and supersedes any other communication (including advertising). If any
provision of this License is held unenforceable, that provision shall be enforced to the maximum
extent permissible so as to give effect the intent of this License, and the remainder of this
License shall continue in full force and effect. This License shall be governed by the laws of the
State of Minnesota, and the federal laws of the United States, without reference to conflict of
laws principles. You agree that the United Nations Convention on Contracts for the International
Sale of Goods is inapplicable to both this License and to the sale of the Product.
Many of the Linux Programs are licensed pursuant to a
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