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-

-Software License Agreement

-

-

-Please read the terms and conditions of this license agreement (the "License" 

-before installing the computer software (the "PowerPanel")

-

-By installing and using the PowerPanel you accept and agree to the terms of this

-License. This License constitutes the entire agreement concerning the PowerPanel 

-between you and Cyber Power Systems, Inc. ("CyberPower") and it supersedes any 

-prior proposal or representation. 

-If you do not agree with these terms and conditions, promptly un-install the 

-PowerPanel.

-

-The term "PowerPanel" includes, and these terms and conditions also apply to, 

-any updates, modifications and upgrades to the PowerPanel that you may receive 

-from time to time. 

-

-1. License Grant 

-

-This License permits you to use the PowerPanel solely for your use per the 

-purchased products which the PowerPanel is accompanied by of CyberPower.

-

-You agree that you will not sub-license, assign, transfer, distribute, pledge, 

-lease, rent or share your rights under this License except with prior written 

-permission from CyberPower. 

-

-You agree that you will not modify, adapt or translate, disassemble, decompile,

-reverse engineer or otherwise attempt to discover the source code of the 

-PowerPanel. 

-

-2. CyberPower's Rights 

-

-You acknowledge and agree that the PowerPanel is proprietary products of 

-CyberPower under international copyright law and disclosed to you by CyberPower 

-in confidence. 

-

-You shall take all reasonable steps to safeguard the PowerPanel. 

-CyberPower owns and retains all copyright- , trademark-, trade secret- and other 

-proprietary rights in and to the Licensed Products. 

-

-This License conveys only a non-exclusive and limited right of use to you, 

-revocable in accordance with the terms and conditions of this License. 

-

-3. Limitation of Liability

-

-YOU AGREE THAT ALL INFORMATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY 

-KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO WARRANTIES OF ANY KIND, AND THERE

-ARE NO WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR PARTICULAR PURPOSE. 

-IN ADDITION, CYBERPOWER MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING 

-INTELLECTUAL PROPERTY, AND CYBERPOWER PROVIDES NO INDEMINIFICATIONS IN THIS 

-REGARD.

-

-In no event shall CyberPower be liable for any damages to you or any other 

-party whether arising out of contract or from tort including loss of data, 

-profits or business, or other special, incidental, exemplary or consequential

-damages, even if CyberPower has been advised of the possibility of such loss 

-or damages. CyberPower's cumulative liability shall not exceed the amount paid 

-by you for the purchased product of CyberPower which the PowerPanel is 

-accompanied by within ONE YEAR, if any, for use of the PowerPanel. 

-

-This section shall survive termination of this License. 

-

-4. Disclaimers 

-

-CYBERPOWER DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, 

-INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR

-PURPOSE. 

-

-CyberPower does not warrant that the PowerPanel, its use, operation or your 

-ability to use the PowerPanel will be uninterrupted or error-free or that all 

-software errors will be corrected, including any defect or problems caused by 

-any defect in any hardware or software used in combination with the PowerPanel,

-or use of the PowerPanel in execution environments. 

-

-CyberPower does not warrant that the PowerPanel or service will meet your 

-equirements or that the operation of the PowerPanel will be uninterrupted or

-error free. 

-

-5. Termination 

-

-This agreement is in effect until terminated. 

-The agreement may be terminated by CyberPower without any reason from time to

-time.

-The agreement also terminates if you fail to comply with any terms and

-conditions of this agreement. In such an event, you agree to destroy and erase

-all copies of the PowerPanel, and CyberPower will be entitled to all remedies 

-in accordance with applicable law. 

-