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MSAB Terms & Conditions

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MSAB Terms & Conditions 2017-07-05T10:58:15+00:00

MSAB Terms & Conditions of Sales

Terms of Pricing and Payment

  • For the license to the Software for the defined period, Customer agrees to pay MSAB the fees as outlined above. Payment is due prior to shipping unless other terms have been agreed and specified in the purchase order.
  • The license fee provided to use the Software shall also include the right to make use of the Hardware needed to access the Software as provided by MSAB.
  • Fees for installation and/or training courses are in addition to the license fee provided above and must be paid prior to execution of installation and/or attendance of training, as applicable.
  • All prices and payments shall be in the currency stipulated in this quotation in immediately available funds and without any set-off or deduction.
  • All payments are to be made to MSAB by way of wire transfer, credit card or by check made payable to MSAB with reference to the corresponding invoice.
  • All prices quoted exclude transportation, insurance, VAT, and other taxes or duties now in force or hereafter enacted. Customer agrees to pay, in addition to the prices quoted or invoiced, all taxes, fees, or charges of any nature whatsoever (including but not limited to withholding taxes and business taxes, imposed by any governmental authority on, or measured by, the transaction between buyer and MSAB) excluding taxes based on MSAB’s income. If MSAB is required to collect or withhold the foregoing, the buyer will pay such amounts unless the buyer has provided MSAB with a valid tax exemption certificate authorized by the appropriate taxing authority.
  • All quoted prices herein are confidential and shall remain valid for 30 days from the specified submission date (above). MSAB reserves the right to adjust prices after the expiry of such 30 day period.
  • Fees may be increased by MSAB (after the Initial License Period noted above).

Terms of Delivery

  • Hardware and Software shall be delivered by MSAB to Customer upon execution of these Terms & Conditions of Sales and receipt of payment in full of all fees owed by Customer.  All Hardware and Software shall be sent to the address designated by Customer on the Purchase Order.
  • Shipment will be Incoterm FCA from the MSAB location unless other terms have been agreed between Customer and MSAB and specified in the purchase order. Shipping and handling costs are extra and will be separately itemized and invoiced to Customer.

Terms for Software and Cable Updates

  • Customer shall be entitled to receive software updates and new cables released by MSAB during the License Period specified above so long as Customer is in compliance with the Terms & Conditions of Sales including the payment of all applicable license fees.

Limited Warranty

  • Hardware purchased from MSAB as specified above includes a 24 month warranty from the date of purchase. In the unlikely event of an equipment defect caused by normal usage in accordance with any accompanying terms and conditions, MSAB shall either repair or replace the defective product, at its sole discretion, with the same or equivalent product without charge to the customer.
  • The foregoing limited warranty for MSAB manufactured hardware may be extended for addition license periods as specified above if the customer continues to purchase a MSAB Software License without interruption. This limited warranty does not apply to computer equipment or any other components that already have a guarantee from a third party supplier.
  • The warranty for computer equipment supplied by MSAB can be extended for a maximum of 36 months, provided the customer continues to purchase a MSAB Software License without interruption.

Other Applicable Terms

  • All use of the Software and Hardware is subject to Customer’s compliance with the terms and conditions of MSAB’s End User License Agreement (the “EULA”) (read here), which is incorporated herein by this reference and may be updated from time to time at MSAB’s discretion.
  • All training courses purchased from MSAB either pursuant to these Terms & Conditions of Sales or separately at a future date are subject to MSAB’s Terms & Conditions of Training Courses (read here), which are incorporated herein by this reference and may be updated from time to time at MSAB’s discretion.

This Agreement between MSAB and the entity name above (along with the EULA) begins once MSAB receives a signed copy of this document (along with credit card authorization form, or wire transfer reflecting the above terms) and continues for the period set forth above, unless terminated earlier as set forth herein.  Thank you for choosing MSAB and for executing and delivering this Agreement.

MSAB Terms & Conditions for Training Courses

Open Training Courses

Open training courses are defined as those training courses that any customer may reserve and attend. Advance student registration is required for all MSAB open training courses and each training course is subject to a minimum number of students registered in order to proceed.

Please do NOT commit to any travel or accommodation plans until 30 days before the course is due to commence.

On the rare occasions we can’t secure the minimum student numbers, we aim to notify you at least 30 days before, if that course is cancelled. Thus if you haven’t heard anything from us after that point, you can be confident that the course will take place and make your travel arrangements.

  • MSAB reserves the right to cancel an open course at any time without liability. In these circumstances, students will be offered an alternative date or refund.
  • Payment for training must be made a minimum of 30 days before attending the course.
  • Cancellation fees apply as follows to open courses:
    – Within 8 weeks of the event    = 25% of fee paid
    – Within 4 weeks of the event    = 50% of fee paid
    – Within 3 weeks of the event    = 75% of fee paid
  • Cancellations of course bookings must be made in writing at least 14 days before the start of the course.
  • If a cancellation is made less than 14 days before the start of the course, then no refund will be made. However, there is no charge if a substitute person from the same organization wishes to replace the original named student.
  • In the scenario when a student has to cancel due to unforeseen circumstances and requests their registration to be re-scheduled (at least 14 days before the start of the course). Then MSAB will, where possible, allow the student to re-schedule to an alternative course within a 12 month period without penalty. If the re-scheduled class is not taken within 12 months, the booking is lost and no refund will be offered.
  • MSAB reserves the right to cancel reservations or attendance from persons not entitled to participate or deemed to be unsuitable due to lack of technical qualifications.  Such determination will be made at MSAB’s sole discretion.

Onsite Training Courses

Onsite training courses are those courses which may be booked by customers for dedicated training of their own staff as well as those courses which are not open to all customers.

As these courses are scheduled specifically for an organization, the terms and conditions vary from the Open Training Courses with regard to the following points:

  • An official Purchase Order for the training course must be placed with MSAB a minimum of 30 days before the course is due to commence.
  • Details of the training location, course content and the number of students to be trained must be agreed in advance with MSAB.
  • MSAB reserves the right to request payment in full in advance before the course commences depending on the location, customer and circumstances of the booking in MSAB’s sole discretion.
  • Once a date for delivery of the onsite training course has been agreed it cannot be altered without the prior agreement of MSAB and may incur additional fees.
  • Once a date for delivery of the onsite training course has been agreed and an order accepted such order shall be non-cancellable and non-refundable.
  • In the circumstances where a customer requests to postpone a training course to alternative dates with less than 30 days’ notice, MSAB reserves the right to refuse or alternatively request extra payment to cover the additional administration costs of rescheduling transportation, shipping and accommodation for the trainer.
  • It is the responsibility of the customer to assist MSAB to enter the territory where the course is being held, by providing the correct visa permissions and also to aid with customs clearance for MSAB technical equipment required for the course.
  • MSAB cannot be held responsible for any delays to the course caused by customs and border issues beyond MSAB’s reasonable control which the customer had failed to advise MSAB about. In such circumstances, no refunds will be given.
  • If, on commencement of the onsite course, the trainer finds that the classroom location is not suitable or the number of students is more than was expected to be trained, then MSAB reserves the right to refuse to deliver the training, until the matter is resolved to the satisfaction of the trainer.
  • MSAB shall not be liable for any loss or damage which may be suffered by the customer as a direct or indirect result of MSAB being prevented or delayed in the delivery of training by reason of any circumstances whatsoever outside the control of MSAB.

MSAB Annual Training Passport

An MSAB Annual Training Passport provides access for a named individual to unlimited attendance to all MSAB open courses anywhere in the world for the period of validity.

  • The training passport is valid for a period of 12 months after activation.
  • The passport is activated either from the date of the first training course attended or alternatively 6 months after the original date of purchase, whichever occurs first.
  • The passport is not transferrable to any other individual and may only be used by the named individual.
  • No refunds will be given if the passport is unused.

MSAB Terms & Conditions of Evaluation Loan

  1. This free loan offer is for new customers only.
  2. Free evaluation loans are not available in all territories, please check with us for specific details
  3. The equipment must be insured by the user and remain on their premises at all times.
  4. Free equipment loans cannot be authorized without a signed Loan Agreement from the user.
  5. The equipment can only be used for evaluation purposes and not for commercial gain or any form of operational enforcement activity.
  6. The equipment must be returned to MSAB either in person or by courier using a tracked and insured service at the end of 30 days.
  7. The user must not remove or alter any equipment stickers or labels used to identify the loan kit whilst in their care.
  8. The user will be invoiced at the current list price for any equipment or parts which are damaged or missing when the equipment is returned.
  9. Failure to return the equipment at the end of the loan period will result in an invoice for the full cost of the missing components, for which the borrower is liable to pay.
  10. The final decision on whether to approve a free equipment loan rests with MSAB. We reserve the right to refuse any persons or businesses deemed unsuitable for this offer.

MSAB Terms & Conditions of Hire Agreement

  1. This offer is for new customers only. This offer is not available on existing equipment or licenses
  2. A meeting will be required in person with one of our representatives beforehand.
  3. Hire agreements are subject to credit checks and you will need to provide financial information before authorization.
  4. There is a standard hire agreement of 1 year which can be cancelled at any time after the first 3 months without penalty.
  5. Payments are payable quarterly in advance. The first payment is required before equipment is released to the customer.
  6. Cancellation of the hire agreement must be received in writing by MSAB 30 days before the end of the hire agreement or next quarterly payment is due.
  7. The equipment must be returned to MSAB either in person or by courier using a tracked and insured service at the end of the hire agreement.
  8. If you fail to return the equipment at the end of the hire agreement, you will be invoiced for the full list price of the equipment.
  9. If you return the equipment damaged or with components missing you will be invoiced for the cost of replacement parts at their current list price.
  10. MSAB retains the right to refuse to hire any equipment to persons or businesses which they deem to be unsuitable for this offer.

End user license agreement for Micro Systemation Forensic Products

IMPORTANT – READ CAREFULLY: MICRO SYSTEMATION AB (“MSAB”) IS WILLING TO LICENSE THE MSAB PRODUCT(S) TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THE FOLLOWING TERMS CAREFULLY. DOWNLOADING, OPENING THE PACKAGE CONTAINING AN MSAB PRODUCT, INSTALLING, OR OTHERWISE USING THE PRODUCT WILL INDICATE YOUR ASSENT TO THE FOLLOWING TERMS AND CONDITIONS (“EULA”). IF YOU DO NOT AGREE TO THESE TERMS, THEN MSAB IS UNWILLING TO LICENSE THE PRODUCT TO YOU AND YOU MUST RETURN ALL MSAB SOFTWARE, HARDWARE, AND MATERIALS TO MSAB.

  1. Grant of License

Your ability to agree to this EULA with MSAB and use the software, hardware, materials and accompany documentation associated with one or more of the MSAB products listed on Appendix A (as may be amended from time-to-time by MSAB) (hereinafter the “Product”), is conditioned upon you agreeing to the business terms with MSAB to acquire a right to use the Product and payment of all applicable fees associated with the Product. References to “you” or “user” mean the individual end user licensee of the Product. Subject to the foregoing, your use of the Product shall be subject to the terms and conditions of this EULA including the grant of license below.

Conditioned on your continued compliance with the terms and conditions of this EULA, MSAB grants you a personal, revocable, limited, non-exclusive, nontransferable license to use the Product only for the purposes for which MSAB has permitted, including at all times in compliance with all applicable laws, and only during the term of its license agreement with you. This Agreement grants a license to (a) use a single instance of the Product subject to the permissible number or copies corresponding to your payment of all applicable fees, on a non-sublicensable basis, (b) make a single copy of the user manual and phone manual for internal business use only, and (c) download, install, and use all Product upgrades provided to you by MSAB which shall be governed by the terms of this EULA. Any rights granted hereby are licensed and not sold or otherwise transferred or assigned to you or any third party. MSAB also reserves the right to change or modify the Product in its sole discretion. You are solely responsible at all times for ensuring that your use of the Product is in compliance with all applicable laws.

In addition to any other remedies available to MSAB, a breach of this section shall therefore also entitle MSAB to seek equitable relief, including temporary or permanent injunctive relief as well as monetary damages, to protect its interest herein.

  1. Ownership

Ownership of the Product and any related intellectual property rights therein shall remain at all times with MSAB. You have no ownership rights in the Product. Rather, you have a license to use the Product as long as this EULA remains in full force and effect. Other than as expressly set forth herein, nothing in this EULA shall be construed as granting any right or license to you under or with respect to any patent, copyright, trademark, trade secret or other intellectual property of MSAB. Except as set forth herein, any other use of the Product by any other person or entity is strictly forbidden and is a violation of this Agreement. The Product contains material that is protected by copyright law, international agreements and other applicable laws. You may not remove any proprietary notice of MSAB or any of its licensors from any copy of the Product.

  1. Restrictions

Use of the Product (or supporting hardware) requires a copy protection key(s) given to you by MSAB (the “Copy Protection Key”). The Copy Protection Key enables your use of the Product and is valid for one (1) copy of the Product. You may only use the Copy Protection Key on the same device in which you use the Product and you may not make the Copy Protection Key or the Product accessible over a public or private network. You may not publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, or modify or create derivative works of the Product, or any part thereof, or copy the Product onto any public or distributed network, or delete or change any proprietary notices appearing on the Product including the Copy Protection Key. You may not assign, sublicense, convey or otherwise transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder. You may not copy, reverse engineer, decompile, reverse compile, translate, adapt, or disassemble the Product, or any part thereof, nor shall you attempt to create source code from the object or executable code for the Product. You may not market, co-brand, private label, or otherwise permit third parties to link to the Product, or any part thereof. You may not use the Product, or any part thereof, for the benefit of any other person or entity (except that you may permit use by your contractors to whom you have outsourced your operations that relate to the use of the Product provided they only use the Product for your internal business purposes (on behalf of your business and not the business of another entity). You may not modify, or create a derivative version of the Product. Moreover, you may not merge the Product with another program, except as may be specifically described in the accompanying documentation. Notwithstanding the foregoing, any and all modifications to or customizations, configurations, or derivative versions of the Product are subject to this EULA and MSAB’s ownership rights to and in the Product. You may not use the Product apart from the devices on which the Product is embedded or made available to you by MSAB.

  1. Proprietary Rights

The Product including any and all associated software, hardware, materials, and documentation are “confidential information” of MSAB. Unauthorized use by you of the Product, or its associated software, hardware, materials and documentation will diminish the value of such information and its related rights and will constitute a material breach of this EULA. In addition to any other remedies available to MSAB, a breach of this Agreement shall therefore also entitle MSAB to seek equitable relief, including temporary or permanent injunctive relief as well as monetary damages, to protect its interest herein.

  1. Representations and Warranties

You represent and warrant that: (a) you are authorized to enter into this EULA and perform its obligations; (b) you shall agree to abide by the terms and conditions of this EULA; and (c) the information, reports, and records provided you provide to MSAB in connection with your use of the Product are accurate. EXCEPT AS SET FORTH IN THIS SECTION 5, TO THE MAXIMUM EXTENT PERMITTED BY LAW, MSAB DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE, AGAINST INTERFERENCE WITH ENJOYMENT OF INFORMATION, OF NON-INFRINGEMENT, OF QUALITY AND FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY THAT THE INFORMATION IS ACCURATE OR COMPLETE. MSAB DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE PRODUCT WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE PRODUCT WILL BE CORRECTED, OR THAT THE PRODUCT IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. THE ENTIRE RISK AS TO THE AVAILABILITY, QUALITY, AND PERFORMANCE OF THE PRODUCT IS WITH YOU. MSAB IS NOT RESPONSIBLE FOR THE PERFORMANCE OF ANY THIRD PARTY SERVICE OR COMPLIANCE WITH ANY THIRD PARTY CONTRACTS WITH REGARDS TO ANY PRODUCTS, SERVICES OR DATA ACCESSIBLE FROM A WIRELESS PHONE OR ANY OTHER ELECTRONIC DEVICE WITH WHICH THE PRODUCT MAY BE USED OR ACCESSED. FURTHER, MSAB IS NOT RESPONSIBLE FOR YOUR OR A THIRD PARTY´S USE OF ANY PROPRIETARY OR PERSONALLY IDENTIFIABLE INFORMATION OBTAINED OR ACCESSED FROM ANY SUCH DEVICE.SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU. IF THIS EXCLUSION IS HELD TO BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THEN ALL EXPRESS AND IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF PURCHASE OF THE PRODUCT, AND NO WARRANTIES SHALL APPLY AFTER THAT PERIOD.

  1. Limitation of Liability

IN NO EVENT WILL MSAB OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF MSAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MSAB’S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS EULA OR OTHERWISE WITH RESPECT TO THE PRODUCT AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE SUM PAID FOR THE PRODUCT AND THE OTHER MATERIAL. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  1. Export Restrictions

THIS EULA IS EXPRESSLY MADE SUBJECT TO ANY APPLICABLE LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT OF THE PRODUCT OR INFORMATION ABOUT SUCH PRODUCT WHICH MAY BE IMPOSED FROM TIME TO TIME. YOU SHALL NOT EXPORT THE PRODUCT OR INFORMATION ABOUT THE PRODUCT WITHOUT COMPLYING WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS. YOU AGREE TO INDEMNIFY MSAB AGAINST ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, TO THE EXTENT SUCH CLAIMS ARISE OUT OF ANY BREACH OF THIS SECTION 7.

“ISP” IS THE SWEDISH AGENCY FOR NON-PROLIFERATION AND EXPORT CONTROLS, WHICH CONTROLS THE EXPORT OF PRODUCTS THAT MAY HAVE BOTH A CIVILIAN AND A MILITARY USE (“DUAL-USE PRODUCTS”). MANY OF MSAB’S PRODUCTS MAY BE DESIGNATED AS SUCH A DUAL-USE PRODUCT, THUS, MSAB IS OBLIGATED TO COMPLY WITH SUCH ISP REQUIREMENTS. MSAB RESERVES THE RIGHT TO REQUIRE CUSTOMERS WHO PURCHASE A DUAL-USE PRODUCT TO AGREE TO ADDITIONAL RESTRICTIONS ON EXPORT OUTSIDE OF THEIR ORIGINAL NATION STATE.

  1. Indemnification

You agree to defend, indemnify, and hold harmless MSAB and all of its affiliates, employees, agents, directors, officers, employees, shareholders, attorneys, successors, and assigns, from and against any and all third party claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your breach of your respective express obligations, (including your obligation to use the Product in compliance with applicable laws), representations, or warranties in the Agreement. You shall use reasonable efforts to cooperate with MSAB in defense of any claim, and You acknowledge and agree that MSAB reserves the exclusive right, in its sole discretion, to participate in any claim and assume, at Your sole expense or such other cost sharing arrangement agreeable to MSAB, the control, defense, and/or settlement of any matter otherwise subject to this indemnification obligation.

  1. Termination

This EULA shall continue in effect for as long as you pay all applicable fees owed to MSAB for your use of the Product in a timely manner. Any outstanding balances owed to MSAB for your use of the Product remaining more than 30 calendar days past due shall give rise to a material breach of the Agreement and MSAB may, in addition to any other remedies available at law or in equity, terminate immediately the right to use the Product. Termination can be initiated by MSAB in accordance with the foregoing without further notice to you.

You may terminate this EULA at any time by destroying or returning to MSAB all copies of the Product in your possession or under your control including the Copy Protection Key. Your right to use the Product terminates automatically if you violate any part of this EULA. Upon notification of termination, you agree to destroy or return to MSAB all copies of the Product, including the Copy Protection Key, and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to proprietary rights shall survive the termination of this EULA.

  1. Special Procedure for U.S. Government Sales

The Product is provided to the United States of America and/or any other country and its or their respective instrumentalities, agencies, or offices, regardless of form (collectively, the “Government”) with RESTRICTED RIGHTS and LIMITED RIGHTS (as applicable). Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at D.F.A.R.S. 252.227-7013, subparagraphs (b), (c)(2) and (g) of the Rights in Data – General clause at 48 C.F.R. 52.227-14, or subparagraphs (b)(1) and (2) of the Commercial Computer Software–Restricted Rights at 48 C.F.R. 52.227-19, as applicable. The Product and accompanying documentation is commercial in nature and was not first produced in the performance of any Government contract. Accordingly, the Product and documentation available through MSAB are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. For any use of the Product or documentation that would require compliance by MSAB with a particular government requirement not identified herein or that would affect MSAB’s rights, the applicable government entity, agency, or office must notify MSAB of said government requirement and obtain a waiver or exemption from such requirements for the benefit of MSAB before any government access to the Product or documentation.

  1. Additional Terms

Additional notices, terms, and conditions for Microsoft Windows apply to your use of the Products to the extent such Products contain Microsoft Windows. Please review or visit such additional terms by visiting www.microsoft.com. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this EULA and the terms and conditions for Microsoft Windows, MSAB shall resolve any conflict in good faith in its sole discretion but the latter terms shall generally control with respect to your use of Microsoft Windows.

  1. General

This EULA shall be construed, interpreted and governed by the laws of the Commonwealth of Virginia, U.S.A. without regard to its conflicts of laws provisions. The exclusive forum for any dispute arising out of or relating to this EULA shall be the federal or state courts located in Virginia, U.S.A., including the Eastern District of Virginia, with each party agreeing that it is subject to personal jurisdiction in such forum. This EULA along with any information submitted on the MSAB website related to the purchase of the Product shall constitute the entire agreement between the parties hereto. If there is any conflict between the terms and conditions of this EULA and the information submitted on the MSAB website, the terms and conditions of this EULA shall control as it relates to use of the Product. All other conflicts shall be resolved by MSAB in good faith. This EULA, the rights granted hereunder, and Product shall not be assigned by you without the prior written consent of MSAB. In the event of such approval, you agree to deliver all copies of the Product to the transferee along with this EULA, and the transferee must accept the terms and conditions of this EULA as a condition to any transfer, and your license to use the Product terminates upon transfer. Any waiver or modification of this EULA shall only be effective if it is in writing and signed by both parties hereto. If any part of this EULA is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this EULA shall be interpreted so as to reasonably affect the intention of the parties. MSAB is not bound by any provision of any purchase order, receipt, acceptance, confirmation, correspondence, or otherwise, unless MSAB specifically agrees to the provision in writing.

Appendix A

MSAB PRODUCTS

Name Part#
SIM Id Cloner System MSAB-8100
XRY Office Version – Logical MSAB-8800
XRY Office Version – Physical MSAB-8900
MSAB KIOSK Logical MSAB- 15104
MSAB KIOSK Logical & Physical MSAB-15204
XRY Express – Logical MSAB- 1300
XRY Express – Logical & Physical MSAB- 1350
XRY PinPoint MSAB-7000
XAMN Horizon MSAB-330
XAMN – Translation Tool MSAB-280
XAMN – Offline Maps MSAB-220
XAMN Elements MSAB-320
XAMN Spotlight MSAB-310
MSAB Tablet Logical MSAB-1202
MSAB Tablet – Logical & Physical MSAB-1252
XRY Camera MSAB-8310
XRY Cloud MSAB-550
XEC Export MSAB- 8960
XEC Director MSAB-500