Software License And Limited Warranty

This is an agreement between you, the end user, and Emulators International in Eindhoven, The Netherlands. By using this Software Product, you are agreeing to become bound by the terms of this agreement.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE PRODUCT. PROMPTLY REMOVE IT FROM YOUR COMPUTER.

Grant Of License. Emulators International, as Licensor, grants to you, the Licensee, a non-exclusive right to use the licensed functionality of the Software Product (hereinafter the "SOFTWARE") in accordance with the terms contained in this License. You may use the SOFTWARE on a single computer during the term of the License. If the term is limited in time, this License is only valid as long as the system date of the computer used is set to the correct date according to the Gregorian calendar.

Ownership Of Software. Emulators International retains the copyright, title and ownership of the SOFTWARE and the written materials regardless of the form or media in or on which the original and other copies may exist.

Transfers. You may transfer the SOFTWARE from your computer to another computer or to a third party (a person or a company) provided that the SOFTWARE is transferred without modification and you bind the third party to the conditions of this Software License and Limited Warranty.

Term. This License commences upon the installation of the SOFTWARE and is effective for the time indicated by either the hardware License key, the License certificate or as embedded in the SOFTWARE by means of a termination date or run-time limitation. This License terminates automatically without notice from Emulators International upon the expiration of its term or if you fail to comply with any provision of this License. Upon termination of the License you shall remove the SOFTWARE from your computer.

Limited Warranty. Emulators International warrants the media on which the SOFTWARE is furnished to be free of defects in material and workmanship, under normal use, for a period of ninety (90) days following the date of delivery to you. In the event of defects, Emulators International's sole liability shall be to replace the defective media that has been returned to Emulators International or the supplier with your dated invoice and is shown to be defective. In the event that Emulators International is unable to replace defective media or functionality, Emulators International can refund the price you paid for the product upon return of the license key and media.

This SOFTWARE and accompanying documentation (including instructions for use) are provided "as is" without warranty of any kind, further, Emulators International does not warrant, guarantee, or make any representations regarding the use, or the results of use of the SOFTWARE or documentation in terms of correctness, accuracy, reliability, currentness, or otherwise. The entire risk as to the results and performance of the SOFTWARE is assumed by you.

Emulators International disclaims all other warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, that is made by Emulators International, on this Emulators International product. No oral or written information or advice given by Emulators International, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and you may not rely on any such information or advice.

Neither Emulators International nor anyone else who has been involved in the creation, production or delivery of this product shall be liable for any direct, indirect, consequential or incidental damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use such product even if Emulators International has been advised of the possibility of such damages.

Should any other warranties be found to exist, such warranties shall be limited in duration to ninety (90) days following the date of delivery to you. In no event will Emulators International's liability for any damages to you or any other person exceed the amount paid for the license to use the SOFTWARE.

This License shall be governed and construed in accordance with the laws of The Netherlands and shall benefit Emulators International, its successors and assigns.

Any claim or dispute between you and Emulators International or against any agent, employee, successor or assign of Emulators International, whether related to this Agreement or otherwise, and any claim or dispute related to this Agreement or the relationship or duties contemplated under this Agreement, including the validity of this arbitration clause, shall be resolved by binding arbitration in accordance with the Rules of Arbitration of the Chamber of Commerce and Industry of Eindhoven, The Netherlands. This Agreement constitutes the entire agreement between the end user and Emulators International.

Acknowledgments

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SOFTWARE LICENSE AND LIMITED WARRANTY, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS SOFTWARE LICENSE AND LIMITED WARRANTY.