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and related materials provided to you by TP
VISION hereunder. TP VISION's rights and your
obligations shall survive the termination of this
Agreement.
7. Upgrades. TP VISION may, at its sole option,
make upgrades to the Software available by
general posting on a website or by any other
means or methods. Such upgrades may be
made available pursuant to the terms of this
Agreement or the release of such upgrades
to you may be subject to your acceptance of
another agreement.
8. Support Services. TP VISION is not
obligated to provide technical or other support
("Support Services") for the Software. If
TP VISION does provide you with Support
Services, these will be governed by separate
terms to be agreed between you and TP
VISION.
9. Limited Software Warranty. TP VISION
provides the Software 'as is' and without
any warranty except that the Software will
perform substantially in accordance with the
documentation accompanying the Software
for a period of one year after your first
download, installation or use of the Software,
whichever occurs first. TP VISION's entire
liability and your exclusive remedy for breach
of this warranty shall be, at TP VISION' option,
either (i) return of the price paid by you for the
Software (if any); or (b) repair or replacement
of the Software that does not meet the
warranty set forth herein and that is returned
to TP VISION with a copy of your receipt. This
limited warranty shall be void if failure of the
Software has resulted from any accident,
abuse, misuse or wrongful application. Any
replacement Software will be warranted for
the remainder of the original warranty period
or thirty (30) days, whichever is longer. This
limited warranty shall not apply to you if the
Software was provided to you free of charge
on an evaluation only basis.
10. NO OTHER WARRANTIES. EXCEPT AS
SET FORTH ABOVE, TP VISION AND ITS
LICENSORS DO NOT WARRANT THAT THE
SOFTWARE WILL OPERATE ERROR FREE
OR UNINTERRUPTED, OR WILL MEET
28
EN-GB
YOUR REQUIREMENTS. YOU ASSUME ALL
RESPONSIBILITIES FOR SELECTION OF THE
SOFTWARE TO ACHIEVE YOUR INTENDED
RESULTS, AND FOR THE INSTALLATION OF,
USE OF, AND RESULTS OBTAINED FROM
THE SOFTWARE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, TP
VISION AND ITS LICENSORS DISCLAIM ALL
WARRANTIES AND CONDITIONS, WHETHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND ACCURACY
OR COMPLETENESS OF RESULTS WITH
RESPECT TO THE SOFTWARE AND THE
ACCOMPANYING MATERIALS. THERE IS
NO WARRANTY AGAINST INFRINGEMENT.
TP VISION DOES NOT WARRANT THAT
YOU WILL BE ABLE TO DOWNLOAD, COPY,
STORE, DISPLAY, TRANSFER, AND/OR PLAY
SECURE CONTENT.
11. LIMITATION OF LIABILITY. UNDER
NO CIRCUMSTANCES WILL TP VISION
OR ITS LICENSORS BE LIABLE FOR ANY
CONSEQUENTIAL, SPECIAL, INDIRECT,
INCIDENTAL OR PUNITIVE DAMAGES
WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF
PROFITS OR REVENUES, BUSINESS
INTERRUPTION, LOSS OF BUSINESS
INFORMATION, LOSS OF DATA, LOSS OF
USE OR OTHER PECUNIARY LOSS, EVEN IF
TP VISION OR ITS LICENSORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL TP VISION'
OR ITS LICENSORS' AGGREGATE LIABILITY
FOR DAMAGES ARISING OUT OF THIS
AGREEMENT EXCEED THE GREATER OF
THE PRICE ACTUALLY PAID BY YOU FOR THE
SOFTWARE OR FIVE POUNDS STERLING
(5.00).
12. Trademarks. Certain of the product and
TP VISION names used in this Agreement,
the Software, and the printed user
documentation may constitute trademarks
of the TP VISION, its licensors or other third
parties. You are not authorized to use any
such trademarks.
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