Amiga OS 4.x Software license agreement


PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY, THEN CLICK EITHER AGREE OR DISAGREE. BY CLICKING "AGREE," YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, CLICK "DISAGREE".


1. License. The software, documentation and any fonts accompanying this License whether on Compact Disk, in read only memory, on any other media or in any other form (the "Amiga OS") are licensed to you by Hyperion Entertainment VOF ("Hyperion"). You own the media on which the Amiga OS is recorded but Hyperion and/or Hyperion's licensor(s) retain title to the Amiga OS. The Amiga OS and any copies which this License authorizes you to make, are subject to this License.

2. Permitted Uses and Restrictions. This License allows you to install and use the Amiga OS on a single Amiga-branded or Amiga-licensed computer at a time. This License does not allow the Amiga OS to exist on more than one computer at a time. You may make one copy of the Amiga OS in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. You are required to select the appropriate "Locale" setting based on the location where you will be operating the Amiga OS. Except as expressly permitted in this License or by law, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the Amiga OS in whole or part or transmit the Amiga OS over a network or from one computer to another. This license allows you to install or operate the Amiga OS only on a computer system that had a version of AmigaOS installed on it at the time you acquired such computer system or which was especially prepared for running Amiga OS through the use of a dedicated flashrom or similar mechanism. THE AMIGA OS IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS, OR AIR TRAFFIC CONTROL MACHINES IN WHICH CASE THE FAILURE OF THE AMIGA OS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Your rights under this License will terminate automatically without notice from Hyperion if you fail to comply with any term(s) of this License.

3. Limited Warranty on Media (if applicable). Hyperion warrants the media on which the Amiga OS is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this paragraph shall be, at Hyperion's option, a refund of the purchase price of the product containing the Amiga OS or replacement of the Amiga OS which is returned to Hyperion or an authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. HYPERION SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

4. Disclaimer of Warranty on Amiga OS. You expressly acknowledge and agree that use of the Amiga OS is at your sole risk. The Amiga OS is provided "AS IS" and without warranty of any kind and Hyperion and Hyperion's licensor(s) (for the purposes of provisions 3 and 4, Hyperion and Hyperion's licensor(s) shall be collectively referred to as "Hyperion") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. HYPERION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE AMIGA OS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE AMIGA OS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE AMIGA OS WILL BE CORRECTED. FURTHERMORE, HYPERION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE AMIGA OS OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HYPERION OR A HYPERION AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE AMIGA OS PROVE DEFECTIVE, YOU (AND NOT HYPERION OR A HYPERION AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING AMIGA OS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY HYPERION'S NEGLIGENCE.

5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL HYPERION BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Hyperion's total liability to you for all damages exceed the amount of one hundred euro (EUR 100).

6. Export Law Assurances. You may not use or otherwise export or reexport the Amiga OS except as authorized by United States law and the laws of the jurisdiction in which the Amiga OS was obtained. In particular, but without limitation, the Amiga OS may not be exported or reexported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Amiga OS, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

7. Government End Users. If the Amiga OS is supplied to the United States Government, the Amiga OS is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to the Amiga OS are as provided in clause 52.227-19 of the FAR.

8. Controlling Law and Severability. This License shall be governed by the laws of Belgium. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. Unless provided otherwise by law, only the courts of Leuven, Belgium shall have jurisdiction to take cognizance of any disputes relating to the application or interpretation of this license agreement.

9. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Amiga OS and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Hyperion.

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