BY INSTALLING THIS SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT ("LICENSE"). PLEASE READ THIS LICENSE CAREFULLY AND ONLY START THE INSTALLATION IF YOU AGREE WITH THE TERMS.
1. License. The software, documentation and any fonts accompanying this License whether on a physical medium such as CD or DVD, in read only memory (ROM) or provided to you by download using an electronic communication network (the "AmigaOS") are licensed to you by Hyperion Entertainment CVBA ("Hyperion"). You own the media on which the AmigaOS is recorded but Hyperion and/or Hyperion's licensor(s) retain title to the AmigaOS. The AmigaOS and any copies which this License authorizes you to make, are subject to this License.
2. Permitted Uses and Restrictions. This License allows you to install and use the AmigaOS on a single computer at a time. This License does not allow the AmigaOS to exist on more than one computer at a time. This license allows you to install or operate the AmigaOS only on a computer system that had a version of AmigaOS installed on it at the time you acquired such computer system, which was especially prepared for running AmigaOS through the use of a dedicated (flash)rom or similar mechanism or for which a legitimate version of AmigaOS was or is available. You may make one copy of the AmigaOS in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. You are required to select the appropriate "Locale" setting based on the location where you will be operating the AmigaOS. Except as expressly permitted in this License or by law, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the AmigaOS in whole or part or transmit the AmigaOS over a network or from one computer to another. THE AMIGAOS IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS, OR AIR TRAFFIC CONTROL MACHINES IN WHICH CASE THE FAILURE OF THE AMIGAOS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Your rights under this License will terminate automatically without notice from Hyperion if you fail to comply with any term(s) of this License.
3. Limited Warranty on Media (if applicable). Hyperion warrants the media on which the AmigaOS is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this paragraph shall be, at Hyperion's option, a refund of the purchase price of the product containing the AmigaOS or replacement of the AmigaOS which is returned to Hyperion or an authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. HYPERION SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
4. Disclaimer of Warranty on AmigaOS. You expressly acknowledge and agree that use of the AmigaOS is at your sole risk. The AmigaOS is provided "AS IS" and without warranty of any kind and Hyperion and Hyperion's licensor(s) (for the purposes of provisions 3 and 4, Hyperion and Hyperion's licensor(s) shall be collectively referred to as "Hyperion") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. HYPERION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE AMIGAOS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE AMIGAS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE AMIGAOS WILL BE CORRECTED. FURTHERMORE, HYPERION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE AMIGAOS OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HYPERION OR A HYPERION AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE AMIGAOS PROVE DEFECTIVE, YOU (AND NOT HYPERION OR A HYPERION AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING AMIGAOS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY HYPERION'S NEGLIGENCE.
5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING GROSS NEGLIGENCE, SHALL HYPERION BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Hyperion's total liability to you for all damages exceed the amount of one hundred (100) EUR.
6. Export Law Assurances. You may not use or otherwise export or reexport the AmigaOS except as authorized by United States law and the laws of the jurisdiction in which the AmigaOS was obtained. In particular, but without limitation, the AmigaOS may not be exported or reexported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the AmigaOS, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
7. Controlling Law and Arbitration. This License shall be governed by the law of Belgium. Unless provided otherwise by mandatory applicable law, any disputes arising out of or in relation with this License shall be finally settled under the CEPANI Rules of Arbitration by a single arbitrator appointed in accordance with those Rules. The seat of the arbitration shall be Brussels, Belgium, the proceedings shall be conducted in English and the parties expressly exclude any application for setting aside the arbitral award. Further information on CEPANI can be found using this URL: http://www.cepani.be/en/rules.
8. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the AmigaOS and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Hyperion.
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