DATE INFORMATION. You understand that the Company may update or revise the Software but
in so doing incurs no obligation to furnish such updates to you. However, the Company may in its
discretion make updates available from time to time upon such terms and conditions as it shall
determine. It is a condition of the above warranty that you install any such Software updates, as
may be issued from time to time by the Company for the Software, in accordance with the
Company's instructions, and if you do not do so such warranty will cease to apply. You may view
current Software updates at http://www.klarkteknik.com and http://www.midasconsoles.com.
4. Limited Liability: THE ENTIRE RISK ARISING OUT OF YOUR USE OR PERFORMANCE OF THE
SOFTWARE REMAINS WITH YOU. THE LIABILITY OF THE COMPANY FOR ANY CLAIMS ARISING
OUT OF THIS LICENCE AND/OR BASED UPON THE SOFTWARE, REGARDLESS OF THE FORM OF
ACTION, AND INCLUDING WORK STOPPAGE, PRODUCT FAILURE OF MALFUNCTION OR ANY
OTHER COMMERCIAL LOSS OR DAMAGE, SHALL NOT EXCEED THE COST OF THE LICENCE FEE
FOR THE SOFTWARE OR THE COST OF THIS PRODUCT. SUBJECT TO THE PROVISIONS OF
APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY LOSS OF DATA, LOST
OPPORTUNITY OR PROFITS, COST OF COVER OR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
INDIRECT DAMAGES, EVEN IF YOU ADVISE THE COMPANY OF THE POSSIBILITY OF SUCH
DAMAGES. THIS IS A FUNDAMENTAL TERM OF THIS AGREEMENT AND YOU ACKNOWLEDGE
THAT THE AMOUNT YOU PAID FOR THE SOFTWARE AND/OR THE PRODUCT REFLECTS THIS
ALLOCATION OF RISK. NOTHING IN THIS PARAGRAPH PURPORTS TO EXCLUDE OR LIMIT THE
COMPANY'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR ANY
OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW.
5. Other Third-Party Computer Programs: As referred to herein, the term "Software" refers
only to proprietary Midas™ or Klark Teknik™ software, owned by the Company, that has been
provided to you for installation on, or already installed in, a Product. In addition to the Software,
you may have also been provided, at no additional charge, with a version of the widely-available
GNU Linux Operating System, which is a modular operating system made up of hundreds of
individual software components, each of which was written, and the copyright and other rights in
which are owned individually, by various parties (collectively, "the GNU Linux Programs"). Each
component has its own applicable end user licence agreement, and many of these agreements
permit you to copy, modify, and redistribute the applicable software, but you must review the
on-line documentation that shares a directory or otherwise accompanies each of the GNU Linux
Programs provided to you for the specific terms and conditions. Nothing in this Licence limits
your rights under, or grants you rights that supersede, the terms of any other applicable end user
licence agreement. If you wish to receive a computer-readable copy of the source code for any
of the GNU Linux Programs that have been provided with your Midas™ or Klark Teknik™ Product,
send a cheque or money order (no cash accepted), your address and [£10.00] to cover the cost
of optical media, postage and handling, to:
Midas Klark Teknik Limited
ATTN: Linux Programs CD for Midas™/Klark Teknik™
Walter Nash Road,
Kidderminster.
Worcestershire.
DY11 7HJ.
England.
In your request, indicate your Product's name and model number, serial number and
version/release information. In your request, also indicate the relevant Software version/release
information. This offer, made pursuant to the GNU Linux Programs' end user licence agreements,
may expire according to the terms of those agreements, in which case your cheque will be
returned to you or destroyed at our option. Please note that the GNU Linux Programs that may
be available to you under this offer consists of the GNU Linux Operating System components only
and none of the proprietary application software developed by Midas or Klark Teknik is included.
Other updated Linux distributions containing application software are widely available from a
variety of Internet sources, and are often available at minimal or no cost.
6. Termination: This Licence will terminate immediately if you violate any of the Licence terms.
Upon termination you must discontinue use of the Software, and either destroy, erase or return
to Company all copies of the Software in your possession, custody or control, including those in
or on the Product.
7. General: This Licence constitutes the entire agreement between you and the Company with
respect to this Software and, save in the case of fraud, supersedes any other communication
(including advertising). Company reserves all rights not expressly granted to you in this licence.
If any provision of this Licence is held unenforceable, that provision shall be enforced to the
maximum extent permissible so as to give effect the intent of this Licence, and the remainder of
this Licence shall continue in full force and effect. This Licence shall be governed by English law
