NETGEAR EVA9000 User Manual page 146

be effective until You have paid all fees in full. Except for the license rights granted above,
NETGEAR and NETGEAR's licensors retain all right, title and interest in and to the Software,
including all intellectual property rights therein. YOU MAY NOT (AND MAY NOT ALLOW
A THIRD PARTY TO) (a) RENT, LEASE, SUBLICENSE, SELL, ASSIGN, LOAN, USE FOR
TIMESHARING OR SERVICE BUREAU PURPOSES OR OTHERWISE TRANSFER THE
SOFTWARE OR ANY OF YOUR RIGHTS AND OBLIGATIONS UNDER THIS
AGREEMENT; (b) reverse engineer, decompile, disassemble or attempt to reconstruct, identify
or discover any source code, underlying ideas, underlying user interface techniques or
algorithms of the Software by any means whatsoever, except to the extent the foregoing
restrictions are expressly prohibited by applicable law; (c) remove or destroy any copyright
notices or other proprietary markings; (d) attempt to circumvent any use restrictions; (e) modify
or adapt the Software, merge the Software into another program or create derivative works
based on the Software; (f) use, copy or distribute the Software without NETGEAR's written
authorization, excepting 1 copy for archival or backup purposes only; or (g) use the Software or
the Digital Entertainer Elite Model EVA9000 for commercial use. YOU MAY NOT (AND
MAY NOT ALLOW A THIRD PARTY TO) COPY, REPRODUCE, CAPTURE, STORE,
RETRANSMIT, DISTRIBUTE, OR BURN TO CD (OR ANY OTHER FORMAT) ANY
COPYRIGHTED CONTENT (INCLUDING BUT NOT LIMITED TO MUSICAL AND
MUSIC-RELATED) THAT YOU ACCESS OR RECEIVE THROUGH USE OF THE
SOFTWARE. YOU ASSUME ALL RISK AND LIABILITY, CIVIL AND CRIMINAL, FOR
ANY SUCH PROHIBITED USE OF COPYRIGHTED CONTENT.
3. THIS AGREEMENT SHALL BE EFFECTIVE UPON INSTALLATION OF THE
SOFTWARE AND SHALL TERMINATE UPON THE EARLIER OF: (A) YOUR FAILURE
TO COMPLY WITH ANY TERM OF THIS AGREEMENT OR (B) RETURN,
DESTRUCTION OR DELETION OF ALL COPIES OF THE SOFTWARE IN YOUR
POSSESSION. NETGEAR's rights and your obligations shall survive any termination of this
Agreement. Upon termination of this Agreement, You shall certify in writing to NETGEAR or
such NETGEAR licensor that all copies of the Software have been destroyed or deleted from
any of your computer libraries or storage devices.
4. NETGEAR warrants that the Software will perform substantially in accordance with the
documentation accompanying the Software for a period of 90 days after your initial receipt of
the Software. NETGEAR's entire liability and your exclusive remedy for breach of this
warranty shall be repair or replacement of the Software. This limited warranty shall be void if
failure of the Software has resulted from any accident, abuse, misuse or misapplication by You.
EXCEPT AS SET FORTH ABOVE, THE SOFTWARE IS PROVIDED ON AN "AS IS"
BASIS. YOU ASSUME ALL RESPONSIBILITY 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, NETGEAR DISCLAIMS ALL WARRANTIES,
EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, QUALITY,
ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND FITNESS FOR YOUR
PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING
WRITTEN MATERIALS. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH
THE ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT. NETGEAR
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE
WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE, OR
THAT ALL DEFECTS IN THE SOFTWARE WILL OR CAN BE CORRECTED.
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