IMPORTANT: This End-User License Agreement (“EULA” or “Agreement”) is a legal Agreement between you and Corsair Memory Inc., and any of its affiliates and/or subsidiaries (“Corsair”) with respect to the software provided by Corsair, any associated media, printed materials, “online” documentation and electronic documentation (collectively referred to as “Software”). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. “You” and “Your” may refer to a natural person or to a legal entity including, but not limited to, a corporation, partnership or a limited liability company. If you do not agree to the terms of this EULA, you are not authorized to install or use the Software.
Corsair owns certain rights in the Software. THE SOFTWARE IS A PROPRIETARY PRODUCT OF CORSAIR OR THIRD PARTIES FROM WHOM CORSAIR HAS OBTAINED LICENSING RIGHTS. THE SOFTWARE IS PROTECTED BY COPYRIGHT LAWS AND OTHER INTELLECTUAL PROPERTY LAWS. TITLE TO THIS SOFTWARE, ANY COPY OF THIS SOFTWARE, AND ANY INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE WILL AT ALL TIMES REMAIN WITH CORSAIR AND SUCH THIRD PARTIES. Your rights are defined by this Agreement which You agree creates a legally binding and valid contract. CORSAIR retains the right to utilize its affiliated companies, authorized distributors, authorized resellers and other third parties in pursuing any of its rights and fulfilling any of its obligations under this Agreement.
CORSAIR grants to You a nonexclusive, nontransferable (except as may be required by applicable law) royalty-free license to allow You to use the Software, provided that you comply with all the terms and conditions of this EULA.
(a) Transfer of Rights. You may not transfer or assign all or any portion of the Software, or any rights granted in this Agreement, to any other person.
(b) Reverse Engineering or Modifying the Software. You will not reverse engineer, decompile, translate, disassemble, or otherwise attempt to discover the source code of the Software. The prohibition against modifying or reverse engineering the Software does not apply to the extent that You are allowed to do so by applicable law including, but not limited to, the European Union Directive on the Interoperability of Software or its implementing legislation in the member countries. You may not otherwise modify, alter, adapt, or merge the Software.
(c) Third Party Supplier. You agree that CORSAIR’s third party suppliers may enforce this Agreement as it relates to their Software directly against You.
(d) Export. CORSAIR shall not be required to undertake any action pursuant to this Agreement that is prevented by any impediments arising out of national or international foreign trade or customs requirements, including embargoes or any other sanctions. This Agreement is subject to all United States government laws and regulations as may be enacted, amended or modified from time to time regarding the export from the United States of CORSAIR software, services, technology, or any derivatives thereof. You will not export or re-export any CORSAIR software, services, technology, or any derivatives thereof, or permit the shipment of same. This section will survive the expiration or termination of this Agreement for any reason.
You agree that CORSAIR and its affiliates may collect and use technical data gathered as part of the product support services provided to you, if any, related to the Software. CORSAIR may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that CORSAIR may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms. CORSAIR reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the Software.
CORSAIR reserves the right to terminate this Agreement if You fail to comply with any of the terms described herein. All license rights granted will cease upon any termination of this Agreement.
CORSAIR’s entire liability for all claims or damages arising out of or related to this Agreement, regardless of the form of action, whether in contract, equity, negligence, intended conduct, tort or otherwise, will be limited to and will not exceed, in the aggregate for all claims, actions and causes of action of every kind and nature, the amount paid to CORSAIR for the specific item that caused the damage or that is the subject matter of the cause of action. This section shall not be interpreted to exclude any liability that is prohibited from being excluded by applicable law. Except as otherwise provided by applicable law, no claim, regardless of form, arising out of or in connection with this Agreement may be brought by You unless such claim is brought either (i) within two years after the cause of action has accrued or (ii) within the shortest period of time after the cause of action has accrued that may be legally contracted for in the applicable jurisdiction if a two year limitation would be legally unenforceable.
CORSAIR offers technical support services. See www.corsair.com. Such technical support shall be provided in CORSAIR’s sole discretion without any guarantee or warranty of any kind. It is your responsibility to back up all your existing data, software and programs before receiving any technical support from CORSAIR. CORSAIR reserves the right to refuse, suspend or terminate any technical support, in its sole discretion.
This Agreement will be governed by and construed in accordance with the substantive laws of the State of California in the United States, without giving effect to any choice-of-law rules that may require the application of the laws of another jurisdiction. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any disputes arising under this Agreement shall be settled exclusively in the California state courts or United States federal courts located in California. The parties hereby submit to the personal jurisdiction of such courts for the purpose of resolving any dispute under this Agreement.
If any provision of this Agreement is found to be void or unenforceable, it will not affect the validity of any other provision of this Agreement and those provisions will remain valid and enforceable according to their terms. To the extent that an unenforceable provision may be reformed to be enforceable by a court of law, such provision will be deemed to be so reformed in this Agreement.
All rights not specifically granted in this Agreement are reserved by Corsair.
You acknowledge that You have read this Agreement, understand it and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between us which supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this Agreement.