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End User License Agreement
IMPORTANT - READ CAREFULLY
This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and IRO Group Limited ("IRO") for the ColorD3 Software produced by IRO, which includes the User's Guide, any associated software components, any media, any printed materials, and any "online" or electronic documentation ("SOFTWARE").
By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by all of the terms and conditions of this EULA.
If you are the original purchaser of the SOFTWARE and you do not agree with the terms and conditions of this EULA, promptly return the unused SOFTWARE to the place from which you obtained it for a full refund. Upon your acceptance of the terms and conditions of this EULA, IRO grants you the right to use the SOFTWARE in the manner provided below.
This SOFTWARE is owned by IRO or its suppliers and is protected by copyright law and international copyright treaty. Therefore, you must treat this SOFTWARE like any other copyrighted material (e.g., a book), except that you may either make one copy of the SOFTWARE solely for backup or archival purposes or transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may transfer the SOFTWARE on a permanent basis provided you retain no copies and the recipient agrees to the terms of this EULA.
You may receive the SOFTWARE in more than one medium. Regardless of the type or size of medium you received, 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. Except as provided in the EULA, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive the SOFTWARE. You acknowledge that the SOFTWARE in source code form remains a confidential trade secret of IRO and/or its suppliers and therefore you agree not to modify the SOFTWARE or attempt to reverse engineer, decompile, or disassemble the SOFTWARE or the media and documentation. If you have purchased an upgrade version of the SOFTWARE, it constitutes a single product with the SOFTWARE that you upgraded. You may use or transfer the upgrade version of the SOFTWARE only in accordance with this EULA.
No content responsibility.
All title and intellectual property rights in and to the content (formula books, color information, standards, product brands, logos etc), even of public domain, that is not contained in the SOFTWARE but may be accessed through customization and/or use of the SOFTWARE is the product of the respective content owner and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. This EULA grants you no rights to use or distribute such content.
The physical media for this product provided by IRO (if any) are guaranteed to be free of defects in materials and workmanship for 90 days from the date this product was originally purchased. If a defect occurs within this 90-day period, simply return the defective media to IRO along with a dated proof of purchase, and IRO will replace it free of charge. IRO makes no representation or warranty regarding the content of this product. For example, IRO does not warrant that the SOFTWARE or documentation are "error-free" or will meet the needs and requirements of a particular user.
All information in the SOFTWARE, specially documentation and manuals, are subject to change without notice. In addition, IRO makes no representation or warranty regarding products, media, data, software or documentation manufactured or supplied by others. IRO's and its suppliers' entire liability and your exclusive remedy shall be, at IRO's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE that does not meet IRO's Limited Warranty and which is returned to IRO with a copy of your receipt.
DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED THE IRO CUSTOMER SERVICE DEPARTMENT AND OBTAINED A RETURN AUTHORIZATION NUMBER.
This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside Italy, neither these remedies nor any product support services offered by IRO are available without proof of purchase from an authorized non-Italian source.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IRO AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALL OTHER IMPLIED TERMS ARE EXCLUDED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IRO OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF IRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, IRO'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR EURO 25.00 (TWENTY-FIVE EUROS).
This statement may only be modified in writing signed by you and an authorized officer of IRO. If any part or provision of this statement is found void or unenforceable, the remainder shall be valid and enforceable. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.
IRO and its suppliers may have patents and/or pending patent applications covering matter in this document, the furnishing of this document does not give you any license to these patents.
This EULA shall be interpreted under Hong Kong laws. This statement gives you specific legal rights; you may have others, which vary from country to country. IRO reserves all rights not specifically granted in this statement.