Tempest i5000PX S5380 (S5380G2NR-RS) (EOL)

Please read the following terms and conditions of this license agreement with American Megatrends, Inc., including its subsidiaries and affiliates, ("AMI") carefully before downloading, installing or using the YAFU FLASH software or any accompanying hardware and documentation (collectively, the "Product"). The terms and conditions of this license agreement ("Agreement") govern Your use of the Product unless You and AMI have executed a separate agreement pertaining to the Product.

AMI is willing to license the Product to You as the individual, the company or the legal entity that will be utilizing the Product (hereinafter referred to as "You" or "Your") only upon the condition that You accept all the terms contained in this Agreement. By downloading, installing or using the Product, You have indicated that You understand this agreement and accept all of its terms. This is a legally enforceable contract between You and AMI. If You do not accept or agree to the terms of this agreement, please do not then download, install, copy, access or make any other use of the Product. If You do not accept all the terms of this Agreement, then AMI is unwilling to license the Product to You.

All of the intellectual property rights and all other proprietary rights in the Product are AMI property and shall remain with AMI. You must reproduce all copyright, trademark and other proprietary notices that are marked on the Program on all copies of the Product, and not delete, modify, alter or amend any them in any way.

Terms:

The term of this Agreement starts when You install the Product on Your computer device and continues until the time AMI may decide to terminate it. This does not limit any of AMI’s other rights to terminate under this Agreement. AMI may stop providing any service to You related to the Product at that time without reservation.

The Agreement will terminate immediately without cost, charge or liability to AMI on whichever event below happens first:

• if You fail to comply with any of the terms or conditions of this Agreement,
• if You fail to comply with any term or condition of any other agreement between You and use
• if You cease to use the Product.

Following the expiry or termination of the Agreement for any reason, You must delete the Product from Your computer and destroy all copies of the Product and documentation, if any, and stop Your use of the Product.

Grant of License:

Subject to Your compliance with the terms and conditions of this Agreement, AMI grants You a non-exclusive and non-transferable license for You, as a single user, to install and use the executable form of the Product on a single terminal connected to a single computer device owned by You. The Product may be installed on a network server only for use by a specific individual. You may make a single copy of the Product for backup purposes, provided that You reproduce on it all copyright and other proprietary notices that are on the original copy of the Product. AMI reserves all rights in the Product not expressly granted to You in this Agreement. If AMI provides You with any update to the Product ("Update"), Your use of such Update will be governed by the terms and conditions of this Agreement or other agreement that is applied to such Update.

Restrictions:

Except as expressly specified in this Agreement, You may not: (i) copy or modify the Product; (ii) change the look and feel of hardware associated with it (if any) (iii) transfer, sublicense, lease, lend, rent or otherwise distribute the Product to any third party; or (iv) make the functionality of the Product available to any other user through any means, including, without, limitation, by uploading the Product to a network or file-sharing service or through any hosting, application services provider, service bureau or any other type of services. You may only use the Product in connection with Your terminal connected to computer alone and You may not use the Product for any illegal activity. You acknowledge and agree that portions of the Product, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of AMI and its licensors. Accordingly, You shall not disassemble, decompile, "hack" or otherwise reverse engineer the Product, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition. You must not run the Product under a debugger or similar tool allowing You to inspect the inner workings of it. Other third party software or technology that may be distributed together with the Product will be subject to You explicitly accepting a license agreement with that third party. You acknowledge and agree that You must take action against the applicable third party and not to AMI to enforce any of Your rights against them. You acknowledge and agree that You are solely responsible for any data or mobile telecommunications charges incurred by You as a result of Your use of the Product, and You shall comply with the terms and conditions of any data, telecommunications, internet, broadcast or broadband service provider in connection with Your use of the Product.

Open Source:

To the extent certain components of the Product may be subject to the GNU GPL or LGPL, terms and conditions are available for viewing at http://www.gnu.org/copyleft/gpl.html and http://www.gnu.org/copyleft/lesser.html or as otherwise designated.

Ownership:

The Product is licensed, not sold. AMI retains ownership of the Product, including all intellectual property rights therein now existing or created in the future. The Product is protected by U.S. and international intellectual property law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Product as delivered to You.

No Warranty:

YOU UNDERSTAND AND ACKNOWLEDGE THAT AMI IS PROVIDING NO WARRANTIES, EXPRESSED OR IMPLIED, WHETHER OF MERCHANTABLITY, FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT OR VALIDITY OF INTELLECTUAL PROPERTY, TITLE, OR OTHERWISE.

Disclaimer:

AMI, ITS CONTRACTORS, SUPPLIERS OR AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUSTAINED OR INCURRED IN CONNECTION WITH THE USE, OPERATION, OR INABILITY TO USE THE PRODUCT.

Authorized Resellers:

Any authorized AMI distributor, installer or consultant is not affiliated with AMI in any capacity other than as a distributor, installer or consultant of AMI products and has no authority to bind AMI or modify any license or warranty. AMI makes no representations, warranty, endorsement or guarantee with respect to the skills or qualifications of any authorized AMI reseller, installer or consultant and You are encouraged to independently investigate the skills and qualifications of any authorized AMI reseller, installer or consultant with whom You associate.

Limitation of Liability:

The Product is provided "AS IS". In no event will AMI be liable to You for any special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) or for the cost of procuring substitute products arising out of or in connection with this Agreement or the use or performance of the Product, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not AMI has been advised of the possibility of such loss or damage. The foregoing limitations will survive and apply even if limited remedy if any specified in this agreement is found to have failed of its essential purpose.

Export Law:

You agree to comply fully with all applicable export laws and regulations to ensure that neither the Product nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

Remedy For Breach:

You agree and acknowledge not to disassemble, tamper, decompile, "hack" or otherwise reverse engineer the Product, in whole or in part, or permit or authorize a third party to do so. In the event of breach of the above or any of the other terms and conditions of this Agreement, You acknowledge that it would cause significant and substantial loss, irreparable injury and damage to AMI which cannot be reasonably or adequately compensated by damages in any action at law. You expressly agree that AMI shall be entitled to injunctive, punitive and other equitable relief in the event of such breach or to prevent such breach. Resort to such equitable relief, however, shall not be construed to be a waiver of any other rights or remedies that the AMI may have for damages or otherwise.

General:

YOU AGREE THAT IN THE EVENT ANY CLAIM, SUIT OR PROCEEDING IS BROUGHT AGAINST AMI IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT, SUCH CLAIM, SUIT OR PROCEEDING WILL BE BROUGHT OR FILED IN THE COURTS OF THE STATE OF GEORGIA, UNITED STATES OF AMERICA, AND THAT ANY SUCH CLAIM, SUIT OR PROCEEDING WILL BE GOVERNED BY THE LAWS OF THE STATE OF GEORGIA, UNITED STATES OF AMERICA, WITHOUT REGARD TO ITS CHOICE OF LAW RULES.

You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without AMI’s prior written consent, and any attempt by You to do so, without such consent, will be void and of no effect. Except as expressly set forth in this Agreement, the exercise by AMI of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. All notices or approvals required or permitted under this Agreement will be in writing and delivered by confirmed facsimile transmission, by overnight delivery service, or by certified mail, and in each instance will be deemed given upon receipt. All notices or approvals will be sent to the addresses set forth in the applicable ordering document or invoice or to such other address as may be specified by either party to the other in accordance with this section. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect. This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless You and AMI have executed a separate agreement pertaining to the subject matter hereof. Any terms or conditions contained in Your ordering document before downloading the Product that are inconsistent with or in addition to the terms and conditions of this Agreement are hereby rejected by AMI and will be deemed null and void and of no effect. The original of this Agreement has been written in English, and that version will govern.

Jurisdiction:

In case of any disputes that arise between the parties herein only courts in Gwinnett County in the State of Georgia in the United States of America.

Contact Information:

If You have any questions regarding this Agreement, You may contact:

Legal Department
American Megatrends, Inc.
5555 Oakbrook Parkway, Suite 200
Norcross, GA 30093

I accept the terms in the license agreement.
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