User's Manual

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x Software Transfer. You may NOT transfer the SOFTWARE PRODUCT, either in whole
or in part, at any time. If you transfer the SOFTWARE PRODUCT, either in whole or in
part, you may be forced to pay for each additional copy or part thereof.
x Termination. Without prejudice to any other rights, BTE Medical Inc. may terminate this
EULA if you fail to comply with the terms and conditions of this EULA. In such event, you
must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
1 UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly
licensed to use a product identified by BTE Medical Inc. as being eligible for the upgrade in
order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade
replaces and/or supplements the product that formed the basis for your eligibility for the
upgrade. You may use the resulting upgraded product only in accordance with the terms of
this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of
software programs that you licensed as a single product, the SOFTWARE PRODUCT may
be used and transferred only as part of that single product package and may not be
separated for use on more than one computer.
2 COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not
limited to any images, photographs, animations, video, audio, music, text, and “applets”
incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any
copies of the SOFTWARE PRODUCT are owned by BTE Medical Inc. Copyright laws and
international treaty provisions protect the SOFTWARE PRODUCT. Therefore, you must treat
the SOFTWARE PRODUCT like any other copyrighted material except that you may install
the SOFTWARE PRODUCT on a single computer provided you keep the original solely for
backup or archival purposes. You may not copy the printed materials accompanying the
SOFTWARE PRODUCT.
3 DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one
medium. Regardless of the type or size of medium you receive, you may use only one
medium that is appropriate for your single computer. You may not use or install the other
medium on another computer. You may not loan, rent, lease, or otherwise transfer the other
medium to another user, except as part of the permanent transfer (as provided above) of the
SOFTWARE PRODUCT.
MISCELLANEOUS
If you acquired this product in the United States, the laws of the State of Washington govern this EULA.
If you acquired this product in Canada, the laws of the Province of Ontario, Canada, govern this EULA.
Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario
and further agrees to commence any litigation, which may arise hereunder in the courts located in the
Judicial District of York, Province of Ontario.
If this product was acquired outside the United States, then local law may apply.
Should you have any questions concerning this EULA, or if you desire to contact BTE Medical Inc. for any
reason, please contact the BTE Medical Inc. subsidiary serving your country, or write: BTE Medical Inc.
Sales Information Center/12 Ashwarren Road/Downsview, ON Canada M3J 1Z5.
LIMITED WARRANTY
LIMITED WARRANTY
. BTE Medical Inc. warrants that (a) the SOFTWARE PRODUCT will perform
substantially in accordance with the accompanying written materials for a period of ninety (90) days from
the date of receipt, and (b) any Support Services provided by BTE Medical Inc. shall be substantially as
described in applicable written materials provided to you by BTE Medical Inc., and BTE Medical Inc.
support engineers will make commercially reasonable efforts to solve any problem issues. Some states
and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may
not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE
PRODUCT, if any, are limited to ninety (90) days.