C 390DD

SOFTWARE LICENSE AGREEMENT

NAD Electronics International, a division of Lenbrook Industries Limited (“NAD”) furnishes this software and/or program, and online documentation, licenses their use to you as provided in this Agreement.

LICENSE

Under this Agreement NAD grants you a non-exclusive, non-transferable, non-sublicenseable, royalty-free limited license to use the program or online documentation for use solely for the purpose of upgrading NAD Products.

YOU AGREE NOT TO MODIFY, ADAPT, TRANSLATE, REVERSE ENGINEER, DECOMPILE, OR DISASSEMBLE THE PROGRAM OR ONLINE DOCUMENTATION, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT OR UPON NAD’S WRITTEN REQUEST. IN ADDITION YOU AGREE NOT TO TRANSFER OR DISCLOSE THE PROGRAM, ONLINE DOCUMENTATION OR ANY PROGRAM YOU DEVELOP FROM THEM IN WHOLE OR IN PART, TO ANY THIRD PARTY EXCEPT UPON NAD’S PRIOR WRITTEN APPROVAL. FINALLY YOU AGREE NOT TO USE THE PROGRAM IN WHOLE OR IN PART FOR ANY PURPOSE OTHER THAN AS OUTLINED IN THE ONLINE DOCUMENTATION.

This license is effective until terminated. You may terminate it at any time by giving NAD written notice to that effect. NAD may terminate it if you fail to comply with this Agreement by giving you notice. Upon termination you will destroy the program or documentation and all copies you have made of them. In addition upon termination you will have no recourse against NAD for your inability to use the program or accompanying documentation.

EXCLUSIONS AND WARRANTIES

The software and documentation are provided “AS IS” and without warranty of any kind and NAD expressly disclaims all other warranties, express or implied. NAD will not be liable for damages, either direct or consequential, arising from the use of this product or from the inability to use this product, even if we have been informed in advance of the possibility of such damages. While we have made every effort to ensure that the Upgrade Software and/or Program, or Documentation operates in the manner described, we do not guarantee operation to be error free. Upgrades, modifications, or repairs to this program or documentation will be strictly at the discretion of NAD. If you encounter problems installing or operating the Upgrade Software and/or Program, or following the Documentation, please contact NAD Electronics at support@nadelectronics.com

Because of the great variety of PC-compatible, operating system versions, and peripherals currently in use, we do not guarantee that you will be able to use Upgrade Software and/or Program successfully on all such systems.

OTHER

You acknowledge that NAD owns all right, title and interest, including but not limited to all copyrights, trade secrets, and other intellectual property in and to the programs and accompanying documentation.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY IT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN YOU AND NAD CONCERNING THE PROGRAM AND ACCOMPANYING DOCUMENTATION AND THAT IT SUPERSEDES ANY DEMONSTRATION, ADVERTISEMENT, PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN BETWEEN YOU AND NAD OR BETWEEN YOU AND ANY OTHER PARTY RELATING TO THE UPGRADE SOFTWARE AND/OR PROGRAM, AND ONLINE DOCUMENTATION.

Please indicate your acceptance by pressing the I Agree button below.