Strand Lighting NEO User Manual page 16

User's Manual
4.2 Subject to clause 4.1, all conditions, warranties, terms, representations and undertakings, whether express or
implied, statutory or otherwise, in respect of the Software are hereby excluded to the extent permitted by law. In
particular, but without limitation, Philips and DSL disclaims, to the greatest extent permissible by law, any warranty
or representation, either express or implied, of the console or software's performance, non-infringement or fitness for
a particular purpose or process.
4.3 If a significant defect in the Console is found within the ninety (90) days warranty period from shipment, the
Licensee may return the Console for a refund with a 25% restocking fee on giving written notice to Philips
Entertainment. The Licensee is not entitled to any updates, patches, fixes or upgrades in respect of the Console unless
Philips Entertainment and DSL in its absolute discretion otherwise agrees. Philips Entertainment and DSL may in its
discretion provide limited email and telephone support in respect of the Console but, following the 90 day warranty
period, reserves the right to charge the Licensee for the provision of support.
5. Limitation of Liability
5.1 To the extent permissible by law, in no event will Philips and DSL be liable to the Licensee for any direct,
special, incidental, indirect or consequential loss, damage, cost or expense suffered or incurred by the Licensee or any
third party in connection with the Software.
5.2 The entire liability of Philips and DSL in connection with the Software will not exceed the price paid by the
Licensee for the Software.
6. Term and Termination
6.1 This License will remain in effect until terminated.
6.2 Philips and DSL may terminate this License on ninety (90) days' written notice to the Licensee or
immediately if the Licensee fails to comply with any term of this License.
6.3 Upon termination by Philips and DSL, the Licensee will be required to return the Software to DSL and
confirm in writing that no copies of the Software have been made and retained.
6.4 The provisions of clauses 4, 5, 7 and 8 of this agreement shall survive termination of this License for
whatever reason.
7. Governing Law
7.1 This License shall be governed by the laws of the State of Texas and is subject to the exclusive jurisdiction of
the Courts of the State of Texas.
8. Miscellaneous
8.1 This License records the entire understanding and agreement between the Licensee and DSL. This License
supersedes all previous understandings or agreements (whether written, oral or both) between the Licensee and DSL.
8.2 Philips and DSL reserves the right to amend the terms of this License on sixty (60) days' written notice, posted
on Philips and DSL's websites. Continued use of the Software by the Licensee following the sixty (60) day notice
period will constitute acceptance of the amended terms of the License, and the provisions of this License will be
deemed to be altered accordingly.
8.3 Any waiver by Philips and DSL of its rights or remedies under this License will be effective only if it is
recorded in writing and signed by Philips and DSL. If the waiver related to a breach of any provision of this License,
this will not (unless stated otherwise) operate as a waiver of any other breach of that provision. No waiver of any
breach, or failure to enforce any provision, of this License at any time by Philips and DSL will in any way affect limit
or waive Philips and DSL's right to subsequently require strict compliance with this agreement.
8.4 If the Licensee has any dispute with Philips and DSL in connection with this License or the Software, it must
give written notice to Philips and DSL and may submit the dispute for mediation by a single mediator nominated by
the Courts of the State of Texas In the event of any submission to mediation:
8.4.1 the mediator will not be acting as an expert or as an arbitrator;
8.4.2 the mediator will determine the procedure and timetable for the mediation; and
8.4.3 the parties will share equally the cost of the mediation.
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NEO Software License