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APPENdIx
Customer or any of its agents or employees.
7. mISCELLANEOUS
The United Nations Convention on Contracts for the International Sale
of Goods is specifically disclaimed. If any provision of this LICENSE
is inconsistent with, or cannot be fully enforced under, the law, such
provision will be construed as limited to the extent necessary to be
consistent with and fully enforceable under the law. This LICENSE is the
final, complete and exclusive agreement between the parties relating to
the subject matter hereof, and supersedes all prior or contemporaneous
understandings and agreements relating to such subject matter, whether
oral or written. Customer agrees that it will not ship, transfer or export the
SOFTWARE into any country, or use the SOFTWARE in any manner,
prohibited by the United States Bureau of Export Administration or any
export laws, restrictions or regulations, and that Customer shall be solely
responsible for the results of any violation of such laws, restrictions or
regulations arising from Customer's activities. This LICENSE may only be
modified in writing signed by an authorized officer of NVIDIA.
SONIC SOLUTIONS End-User Licence Agreement
THIS IS A CONTRACT, PLEASE READ IT CAREFULLY, BY INSTALLING
THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS
OF THIS AGREEMENT, YOU WILL NOT BE ABLE TO USE THIS
SOFTWARE UNLESS YOU ACCEPT THIS AGREEMENT. BY USING
THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE
TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO ANY TERM
OR CONDITION, YOU MAY NOT INSTALL OR RUN THIS SOFTWARE.
1. License.
Sonic Solutions, a California corporation, ("Sonic") hereby grants to the
purchaser (hereafter "you") a personal, non-exclusive, non-transferable
license (the "License"), without the right to sublicense, to use the
application, installation, utility, system, upgrade or other software
accompanying this License, whether on disk, in read only memory, or on
any other media (the "Sonic Software"), the related documentation and
materials. The Sonic Software is licensed for use in object code form only,
for your internal use and only on a specific hardware system. The Sonic
Software is licensed, not sold, to you by Sonic. You own the media on
which the Sonic Software is recorded but Sonic and/or Sonic's licensor(s)
retain title to the Sonic Software and to any copies which this License
authorizes you to make. You acknowledge that Sonic and/or Sonic's
licensor(s) (hereafter, collectively referred to as "Sonic") retain all other
ownership rights connected with the Software, including, without limitation,
all copyrights, trademark rights, and all other intellectual property rights.
You agree to refrain from any action which would diminish such rights
or would call them into question. You agree that this License shall apply
to any software provided to you by Sonic or Sonic's representative
as replacement or upgrade software to substitute for or to be used in
conjunction with the software accompanying this License.
2. Permitted Uses and Restrictions.
This License allows you to install and use the Sonic Software on a
single Sonic-manufactured or Sonic-approved hardware system at a
time. This License does not allow the Sonic Software to exist on more
than one hardware system at a time. You may make one copy of the
Sonic Software in machine-readable form for backup purposes only. The
backup copy must include all copyright notices and any other proprietary
legends contained on the original copy of the Sonic Software. You may
use the Sonic Software in a networked environment and transmit the
Sonic Software from one hardware system to another over a network
so long as each hardware system which receives the Sonic Software
is the subject of a license for the Sonic Software it receives. Except as
permitted by applicable law and this License, you may not decompile,
reverse engineer, disassemble, modify, rent, lease, loan, distribute,
create derivative works from the Sonic Software or publish or transmit the
56
Sonic Software over a network. You may, however, transfer your rights
under this License, provided you transfer the related documentation,
this License, and a copy of the Sonic Software to a party who agrees to
accept the terms of this License and destroy any other copies of the Sonic
Software in your possession. Your rights under this License will terminate
automatically without notice from Sonic if you fail to comply with any
term(s) of this License.
3. Limited Warranty on media.
Sonic warrants the media on which the Sonic Software is delivered to
be free from defects in materials and workmanship under normal use
for a period of ninety (90) days from the date of original purchase. Your
exclusive remedy under this paragraph shall be, at Sonic's option, a
refund of the purchase price of the product containing the Sonic Software
or replacement of the Sonic Software which is returned to Sonic or an
Sonic authorized representative.
THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES
ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE
OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE LIMITED
WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL
OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS, OR IMPLIED.
SONIC SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,
AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY
JURISDICTION.
4. disclaimer of Warranty on Sonic Software.
You expressly acknowledge and agree that use of the Sonic Software
is at your sole risk. The Sonic Software is provided "AS IS" and without
warranty of any kind and Sonic
EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
WITH RESPECT TO THE SONIC SOFTWARE. SONIC DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE SONIC
SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE
OPERATION OF THE SONIC SOFTWARE WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT DEFECTS IN THE SONIC SOFTWARE
WILL BE CORRECTED. FURTHERMORE, SONIC DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE SONIC SOFTWARE OR
RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY SONIC OR AN SONIC
AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR
IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD
THE SONIC SOFTWARE PROVE DEFECTIVE, YOU (AND NOT
SONIC OR AN SONIC AUTHORIZED REPRESENTATIVE) ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.
5. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL
SONIC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT,
OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING
TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO
THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Sonic's
total liability to you for all damages exceed the amount paid for this to the
Sonic Software.
User's Manual
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