Technical data

be specifically permitted vide the terms of the License
Agreement. The Firmware and software are "in use" on the
Product when they are loaded into temporary memory (i.e.
RAM).
Note: For evaluation Software and/or Products for which
Elitecore does not charge a fee, the payment requirement
does not apply.
You may not attempt and, if You are a
corporation, You will prevent your employees and contractors
from attempting to, (a) modify, translate, reverse engineer,
decompile, disassemble, create derivative works based on,
license, or distribute the Firmware or the accompanying
documentation; (b) rent or lease any rights in the Firmware or
software or accompanying documentation in any form to any
person; (c) except as provided in section 5, transfer assign or
sublicense right to any other person or entity, or (d) remove any
proprietary notice, labels, or marks on the Firmware, software,
documentation, and containers.
All rights, title, interest, and all
copyrights to the Firmware, software, documentation, and any
copy made by You remain with Elitecore. You acknowledge
that no title to the intellectual property in the Firmware and
software is transferred to You and You will not acquire any
rights to the Firmware except for the license as expressly set
forth herein.
Except for evaluation licenses,
where the term is limited per the evaluation agreement, the
term of the license is for the duration of Elitecore's copyright in
the Firmware and software. Elitecore may terminate this
Agreement immediately without notice if You breach or fail to
comply with any of the terms and conditions of this Agreement.
You agree that, upon such termination, You will at Elitecore
option either destroy all copies of the Elitecore documentation
or return all materials to Elitecore. The provisions of this
Agreement, other than the license granted in Section 1
("License Grant"), shall survive termination.
If you are a reseller or distributor of Elitecore
Products, you may sub-license (not rent or lease) the
Firmware or software to the end user on a permanent basis,
provided that: (i) the end user receives a copy of this
Agreement and is bound by its terms and conditions, (ii) you at
all times comply with all applicable laws and regulations of the
Republic of India , and (iii) you agree to refund any fees paid to
you by an end user who purchased Product(s) from you but
does not agree to the terms contained in this EULA and
therefore wishes to return the Product (s) as provided for in this
EULA.
Elitecore provides this limited warranty
for its product only to the person or entity that originally
purchased the Product from: Elitecore or its authorized reseller
or distributor. The warranty starts on the date of purchase and
shall be valid for a period of 12 (twelve) months thereafter. All
warranty claims must be submitted before the expiration of the
warranty term, i.e. 12 (twelve) months from date of purchase of
the Product. Elitecore's sole obligation shall be to repair or
replace the defective Product or any part thereof at no charge
to the original owner. This obligation is exclusive of transport
fees, labor or installation costs, and any other cost which are
not directly associated to the Product. Such repair or
replacement will be rendered by Elitecore at an authorized
2. Limitation on Use.
3. Proprietary Rights.
4. Term and Termination.
5. Transfer.
6. Limited Warranty.
Elitecore service facility. The replacement of the Product or
any part thereof need not be new or of an identical make,
model, or part; Elitecore may, at its sole discretion, replace the
defective Product or any part thereof with any reconditioned
Product that Elitecore reasonably determines is substantially
equivalent (or superior) in all material respects to the defective
Product or any part thereof. If a material defect is incapable of
correction, or if Elitecore determines in its sole discretion, that
it is not practical to repair or replace the defective Product, the
price paid by the original purchaser for the defective Product
will be refunded by Elitecore upon return to Elitecore of the
defective Product. In such case, the license granted herein in
respect of any Software for which a refund is given shall be
terminated automatically. The Product or any part thereof that
is replaced by Elitecore, or for which the purchase price is
refunded, shall become the property of Elitecore upon
replacement or refund.
EXCEPT FOR THE LIMITED WARRANTY SPECIFIED IN
SECTION 6 ABOVE, THE PRODUCT IS PROVIDED "AS IS"
WITHOUT ANY WARRANTY OF ANY KIND INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT. IF ANY IMPLIED
WARRANTY CANNOT BE DISCLAIMED IN ANY
TERRITORY WHERE A PRODUCT IS SOLD, THE
DURATION OF SUCH IMPLIED WARRANTY SHALL BE
LIMITED TO NINETY (90) DAYS. EXCEPT AS EXPRESSLY
COVERED UNDER THE LIMITED WARRANTY PROVIDED
HEREIN, THE ENTIRE RISK AS TO THE QUALITY,
SELECTION AND PERFORMANCE OF THE PRODUCT IS
WITH THE PURCHASER OF THE PRODUCT.
The above warranty does not apply if the Software, Product or
any other equipment upon which the Software is authorized to
be used (a) has been altered, except by Elitecore or its
authorized representative, (b) has not been installed,
operated, repaired, or maintained in accordance with
instructions supplied by Elitecore, (c) has been subjected to
abnormal physical or electrical stress, misuse, negligence, or
accident; or (d) is licensed, for beta, evaluation, testing or
demonstration purposes for which Elitecore does not charge a
purchase price or license fee.
This Warranty shall be governed by the
laws of the Republic of India. Some jurisdictions do not allow
exclusion or limitation of incidental or consequential damages,
or limitations on how long an implied warranty lasts, so the
foregoing limitations and exclusions may not apply. This
limited warranty provides specific legal rights and the product
owner may also have other rights which vary from state to
state.
TO THE MAXIMUM EXTENT
PERMITTED BY LAW, ELITECORE IS NOT LIABLE UNDER
ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY,
INFRINGEMENT OR OTHER LEGAL OR EQUITABLE
THEORY FOR ANY LOSS OF USE OF THE PRODUCT,
INCONVENIENCE OR DAMAGES OF ANY CHARACTER,
WHETHER DIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, COMPUTER
SECURITY BREACH, COMPUTER VIRUS INFECTION,
LOSS OF INFORMATION OR DATA CONTAINED IN,
STORED ON, OR INTEGRATED WITH ANY PRODUCT
7. Disclaimer of Other Warranties and Restrictions.
8. Governing Law.
9. Limitation of Liability.
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