
Warranty & Terms of Sale
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3. SOFTWARE LICENSE.
a. The Software is licensed only to the END-USER, is not sold, and AEI retains all rights not expressly granted.
You acknowledge and agree the copyright, patent, trade secret, and all other intellectual property rights of
whatever kind in the Software and AEI Hardware and related specifications and documentation shall remain the
property of AEI. Nothing in this Agreement shall be construed as transferring any aspect of such rights to you,
or any accompanying the software, or any "on-line" or electronic documentation.
b. The Software contains or embodies proprietary intellectual property of AEI, Sun Microsystems, Intel, and others
or their licensors. No grant, conveyance, or license is made to you for any patents, copyrights, or any other
intellectual property except as specifically granted herein. You may not use the Software except in conjunction
with AEI Hardware. Software:You may install and use one copy of the Software on the computer that has
embedded AEI Hardware. Back-up: You may make a single back-up copy of the Software solely for archival
purposes. Limitation on Reverse Engineering, Decompilation, and Disassembly: You may not reverse
engineer, decompile, modify, adapt, translate, disassemble or otherwise attempt to discern the source code of
the Software. Cracks and Activation Codes: You many NOT crack the Software, or enter activation codes
obtained from any source other than AEI. Right to Audit End User: AEI reserves the right to audit the end
user to verify compliance with this Agreement. Network Services:If the Software includes functionality that
enables the computer to act as a network server, any number of computers may access or otherwise utilize the
basic network services of the server. However, you must acquire and dedicate a license for the Software for
each computer on which the Software is used or to which it is distributed. A license for the Software may not be
shared or used concurrently on different computers. Rental: You may not rent or lease the Software
individually. Software Transfer: You may permanently transfer all of your rights under this Agreement only as
part of a sale or transfer of the AEI Hardware provided you retain no copies, and you transfer Software
(including all component parts, the media, and printed materials), any upgrades, this Agreement, and the
recipient must agree to the terms of this Agreement. If the Software is an upgrade, any transfer must include all
prior versions of the Software.
4. U.S. GOVERNMENT RESTRICTED RIGHTS:
The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the
Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software -
Restricted Rights at 48 CFAR 52.227-19 as applicable. The Manufacturer is AEI, 41743 Enterprise Circle North, Suite
108, Temecula, CA 92590.
Limitation of Warranties:
1. IF THE AEI PRODUCT DOES NOT OPERATE AS WARRANTED AS DESCRIBED ABOVE, THE CUSTOMER’S SOLE
REMEDY SHALL BE, AT AEI’S OPTION, REPAIR OR REPLACEMENT OF SAID PRODUCT.
2. THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER
WARRANTIES, EXPRESSED OR IMPLIED, EITHER IN FACT OR BY OPERA TION OF LAW, STATUTORY OR
OTHERWISE.
3. EXCEPT AS EXPRESSLY SET FORTH HEREIN, AEI DISCLAIMS ALL WARRANTIES WITH REGARD TO THE
INFORMATION AND PRODUCTS PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
4. THIS WARRANTY DOES NOT EXTEND TO HARDWARE IF AEI’S TESTING AND EXAMINATION DISCLOSE THAT
THE ALLEGED DEFECT IN THE PRODUCT DOES NOT EXIST, OR REPAIR IS REQUIRED AS A RESULT OF (A)
ACCIDENT, NEGLECT, MISUSE, FAILURE OR SURGE OF ELECTRIC POWER, FAILURE OF CUSTOMER TO
PROVIDE APPROPRIATE ENVIRONMENTAL CONDITIONS, OR CAUSES OTHER THAN ORDINARY USE; (B)
FAILURE CAUSED BY A PRODUCT FOR WHICH AEI IS NOT RESPONSIBLE; (C) CUSTOMER'S CONNECTION OF
ANOTHER MACHINE OR DEVICE TO HARDWARE THAT MAKES SERVICE IMPRACTICAL OR THAT HAS CAUSED
DAMAGE TO SUCH HARDWARE; (D) REPAIR OR ALTERATION, OR ATTEMPTED REPAIR OR ALTERA TION, OF
THE PRODUCT BY ANYONE OTHER THAN AEI, OR (E) DAMAGE CAUSED BY NATURAL OR MANMADE ACTS OR
DISASTERS. THIS WARRANTY DOES NOT INCLUDE COSMETIC REPAIRS; REFURBISHMENT; FURNISHING
CONSUMABLES, SUPPLIES, OR ACCESSORIES; MAKING ACCESSORY CHANGES, OR ATTACHING ADDITIONAL
DEVICES.
5. AEI NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON OR ENTITY TO ASSUME FOR IT ANY OTHER
LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, OR USE OF AEI PRODUCTS.
Limitation of Liability:
1. IN NO EVENT WILL AEI, ITS PARENT, SUBSIDIARIES, OR ANY THIRD PARTY OR PERSON BE LIABLE TO YOU OR
ANY OTHER PARTY FOR ANY DAMAGES, INCLUDING LOST DATA, LOST PROFITS, LOST SAVINGS OR OTHER
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE INSTALLATION, MAINTENANCE, USE,