This EGO Update Software End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Funkwerk Americas for the SOFTWARE(s) defined below. By downloading, installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not download or use the SOFTWARE.

DEFINITIONS
“SOFTWARE” stands for every component of the EGO Update Software, which includes the instructions, any associated components, any media, any printed materials, and any "online" or electronic documentation.
"LICENSE" means that you are licensed to use the SOFTWARE(s).
"LICENSE AGREEMENT" means this document.

GRANT OF LICENSE
Funkwerk Americas allows you to download and use the SOFTWARE for updating an EGO hands-free mobile phone system. You are not licensed to make copies of the SOFTWARE for distribution in any form.

RESTRICTIONS
You may not reverse-engineer, de-compile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. You may not use the SOFTWARE to perform any unauthorized actions and for any illegal purpose.

SUPPORT SERVICES
Funkwerk Americas may provide you with support services related to the SOFTWARE. Use of Support Services is governed by Funkwerk Americas  polices and programs described in the user manual, in online documentation, and/or other materials provided by Funkwerk Americas, as they may be modified from time to time. Any supplemental SOFTWARE code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to Funkwerk Americas as part of the Support Services, Funkwerk Americas may use such information for its business purposes, including for product support and development. Funkwerk Americas will not utilize such technical information in a form that personally identifies you.

TERMINATION
Without prejudice to any other rights, Funkwerk Americas 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.

COPYRIGHT
The SOFTWARE is protected by copyright laws and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of Funkwerk Americas and you will not acquire any rights to the SOFTWARE except as expressly set forth in this LICENSE AGREEMENT. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.

NO WARRANTIES
Funkwerk Americas expressly disclaims any warranty for the SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Funkwerk Americas, ITS SUBSIDIARIES AND AFFILIATES OR ITS LICENSORS AND SUPPLIERS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THIS SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THIS SOFTWARE, FROM INABILITY TO USE THIS SOFTWARE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THIS SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.