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for your consent before the DRM Upgrade is downloaded. Third party DRM Software
may do the same. If you decline the upgrade, you will not be able to access content
that requires the DRM Upgrade; however, you will still be able to access unprotected
content and Secure Content that does not require the upgrade.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Speech/Handwriting Recognition. If the SOFTWARE includes speech and/or hand-
writing recognition component(s), you should understand that speech and handwriting
recognition are inherently statistical processes and that errors can occur in the compo-
nent’s recognition of your handwriting, and the final conversion into text. Neither
MEDION nor its suppliers shall be liable for any damages arising out of errors in the
speech and handwriting recognition process.
Limitations on Reverse Engineering, Decompilation and Disassembly. You may
not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the
extent that such activity is expressly permitted by applicable law notwithstanding this
limitation.
Single DEVICE. The DEVICE Software is licensed with the DEVICE as a single inte-
grated product. The DEVICE Software installed in read only memory (“ROM”) of the
DEVICE may only be used as part of the DEVICE.
Single EULA. The package for the DEVICE may contain multiple versions of this EULA,
such as multiple translations and/or multiple media versions (e.g., in the user documen-
tation and in the software). Even if you receive multiple versions of the EULA, you are
licensed to use only one (1) copy of the DEVICE Software.
NO RENTAL. Except if specifically authorized by MEDION for leased hardware, you
may not rent, lease, or lend the SOFTWARE.
APPROVED ADDITIONAL TEXT IF THE DEVICE IS LEASED:
LEASED HARDWARE. In the event that you receive the DEVICE under the terms of a lease
from MEDION or MEDIONs third-party representative, the following additional terms shall
apply: (i) you may not transfer the SOFTWARE to another user as part of the transfer of the
DEVICE, whether or not a permanent transfer of the SOFTWARE with the DEVICE is otherwise
allowed in this EULA; (ii) your rights with respect to any SOFTWARE upgrades shall be as
determined by the lease you signed for the DEVICE; and (iii) you may not use the SOFTWARE
after your lease terminates, unless you purchase the DEVICE from MEDION .]
Software Transfer. You may permanently transfer all of your rights under this EULA
only as part of a sale or transfer of the DEVICE, provided you retain no copies, you
transfer all of the SOFTWARE (including all component parts, the media and printed ma-
terials, any upgrades, this EULA and, if applicable, the Certificate(s) of Authenticity), and
the recipient agrees to the terms of this EULA. If the SOFTWARE is an upgrade, any
transfer must include all prior versions of the SOFTWARE.
Termination. Without prejudice to any other rights, MEDION or MS may terminate
this EULA if you fail to comply with the terms and conditions of this EULA. In such
event, you must destroy all copies of the SOFTWARE and all of its component parts.
UPGRADES AND RECOVERY MEDIA.
DEVICE Software. If the DEVICE Software is provided by MEDION separate from the
DEVICE on media such as a ROM chip, CD ROM disk(s) or via web download or other
means, and is labeled “For Upgrade Purposes Only” you may install one (1) copy of such
DEVICE Software onto the DEVICE as a replacement copy for the existing DEVICE Soft-
ware, and use it in accordance with this EULA.
COMPANION CD. If any software component(s) is provided by MEDION separate from
the DEVICE on CD ROM disk(s) or via web download or other means, and labeled “For
Upgrade Purposes Only”, you may (i) install and use one (1) copy of such component(s)
on the computer(s) you use to exchange data with the DEVICE as a replacement copy
for the existing Companion CD component(s).
54


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