Matrox Monarch HDX User Manual page 10

viii
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR ANY OTHER BASIS, EVEN IF MATROX HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MATROX'S LIABILITY IN SUCH
JURISDICTIONS SHALL BE LIMITED TO THE MINIMUM REQUIRED BY LAW.
UNAUTHORIZED USE. THIS SOFTWARE RELATED THERETO ARE NOT DESIGNED, INTENDED,
AUTHORIZED OR WARRANTED TO BE SUITABLE FOR USE OR RESALE IN ANY TYPE OF SYSTEM
OR OTHER APPLICATIONS RELATED TO, HAZARDOUS OR POTENTIALLY HAZARDOUS
ENVIRONMENTS OR APPLICATIONS REQUIRING HIGH-AVAILABILITY OR FAIL-SAFE
PERFORMANCE, WHERE PERSONAL INJURY OR DEATH MAY OCCUR, SUCH AS MEDICAL
SYSTEMS, LIFE SUSTAINING, LIFE SAVING SYSTEMS, OPERATION OF NUCLEAR FACILITIES,
AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, PUBLIC
WORKS, WEAPONS SYSTEMS, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF A
PRODUCT COULD LEAD TO PROPERTY DAMAGE, ENVIRONMENTAL DAMAGE, OR PERSONAL
INJURY. LICENSEE WILL NOT USE, OR PERMIT TO BE USED, THE PRODUCTS FOR SUCH
HIGH-AVAILABILITY, FAIL-SAFE OR CRITICAL APPLICATIONS AND FURTHER, LICENSEE AGREES
TO INDEMNIFY, DEFEND AND HOLD HARMLESS MATROX AND ITS MANAGERS, DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS AND ITS 3RD PARTY
SUPPLIERS FROM AND AGAINST ANY ACTION, SUIT, PROCEEDING, COST, EXPENSE, DAMAGES,
AND LIABILITY (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES) ARISING
OUT OF , OR RELATED TO, THE BREACH OF LICENSEE'S OBLIGATIONS RELATED HERETO, EVEN
IF SUCH CLAIM ALLEGES THAT MATROX WAS NEGLIGENT REGARDING THE DESIGN OR
MANUFACTURE OF THE SOFTWARE.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES FOR THIRD PARTY SOFTWARE
INCLUDED WITH OR IN THE SOFTWARE. ALL THIRD PARTY SOFTWARE INCLUDED WITH THE
SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. MATROX AND ITS 3RD PARTY SUPPLIERS MAKE
NO WARRANTY TO LICENSEE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT, REGARDING ANY THIRD PARTY SOFTWARE,
OR ITS USE AND OPERATION ALONE OR IN COMBINATION WITH LICENSEE PRODUCTS.
NEITHER LICENSEE, NOR ITS EMPLOYEES, AGENTS, OR DISTRIBUTORS HAVE ANY RIGHT TO
MAKE ANY OTHER REPRESENTATION, WARRANTY OR PROMISE WITH RESPECT TO ALL THIRD
PARTY SOFTWARE INCLUDED WITH THE SOFTWARE.
MATROX HAS NO OBLIGATION TO INDEMNIFY, DEFEND OR HOLD LICENSEE HARMLESS FROM
AND AGAINST ANY CLAIM THAT ANY THIRD PARTY SOFTWARE INFRINGES ANY THIRD PARTY
PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT. LICENSEE
WILL PROMPTLY NOTIFY MATROX IN WRITING OF ANY SUCH CLAIM.
MATROX HAS NO OBLIGATION TO INDEMNIFY, DEFEND OR HOLD LICENSEE HARMLESS FROM
AND AGAINST ANY CLAIMS OF INFRINGEMENT OF INTELLECTUAL PROPERTY THAT READS
UPON OR IS INFRINGED BY A GENERALLY RECOGNIZED AUDIO, VIDEO, TECHNOLOGY OR
PATENT STANDARD OR RECOMMENDATIONS, INCLUDING WITHOUT LIMITATION AVC/H.264,
IEEE 1394, JPEG, JPEG2000 AND MPEG-4.
IN ANY EVENT, MATROX'S TOTAL CUMULATIVE LIABILITY TO LICENSEE FOR ANY AND ALL
CAUSE OF ACTION SHALL BE LIMITED TO THE AGGREGATE OF ALL AMOUNTS PAID BY
LICENSEE TO MATROX, DURING THE TWELVE (12) MONTH PERIOD PRIOR TO OBTAINING A
FINAL, NONAPPEALABLE JUDGMENT OR $50,000.00 USD, WHICHEVER IS LOWER. THE
FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS
ESSENTIAL PURPOSE.
Matrox Software License Agreement