Haivision Mantaray Administrator's Manual page 55

3.2. Termination for Breach.
from Haivision if You materially breach this Agreement or take any action in derogation of
Haivision's rights to the Product. Haivision may terminate this Agreement should any Software
become, or in Haivision's reasonable opinion likely to become, the subject of a claim of intellectual
property infringement or trade secret misappropriation.
3.3. Termination for Bankruptcy.
file, or have filed against You, a petition for voluntary or involuntary bankruptcy or pursuant to any
other insolvency law, makes or seeks to make a general assignment for the benefit of its creditors or
applies for, or consents to, the appointment of a trustee, receiver or custodian for a substantial part
of its property.
3.4. Termination; Effect; Survival.
All license rights granted hereunder shall terminate;
(a)
You shall immediately pay to Haivision all amounts due and outstanding as of the date of such termi-
(b)
nation or expiration; and
You shall return to Haivision all Product and all Haivision Reference Manuals or certify that all such
(c)
Product and Reference Manuals have been destroyed. Notwithstanding any termination of this
Agreement, the following provisions of this Agreement shall survive for the relevant period of time
set forth therein, if any: Sections 2.2, 4,
4. REPRESENTATIONS, DISCLAIMER AND LIMITATION OF LIABILITY
4.1. Limited Warranty.
the Reference Manuals provided and
material damage and defects in materials and workmanship under normal use for a term of ninety
(90) days (the "Warranty Period") after its delivery date. As Your sole and exclusive remedy for any
breach of this warranty, Haivision will use its commercially reasonable efforts to correct any failure
of the Product to operate substantially in accordance with the Reference Manuals which is not the
result of any improper or unauthorized operation of the Product and that is timely reported by You
to Haivision in writing within the Warranty Period, provided that in lieu of initiating commercially
reasonable efforts to correct any such breach, Haivision may, in its absolute discretion, either:
replace the Product with other software or technology which substantially conforms to the Reference
Manuals or
Agreement shall terminate. This warranty shall immediately terminate if You or any third party
makes or attempts to make any modification of any kind whatsoever to the Product, engages in any
improper or unauthorized operation of the Product, including uses prohibited by the Entitlement or
installs or uses the Product on or in connection with any hardware or software not specified in the
Entitlement or product data sheets.
4.2. Warranty Disclaimers.
RESPECT TO THE PRODUCT ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER
EXPRESS OR IMPLIED, OR STATUTORY, REGARDING THE PRODUCT, OR ITS OPERA-
TION, FUNCTIONALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABI-
LITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD
PARTY RIGHTS (ALL OF WHICH ARE DISCLAIMED). HAIVISION DOES NOT WARRANT
THAT ANY OF THE PRODUCT(S) WILL MEET ALL OF YOUR NEEDS OR REQUIRE-
MENTS, OR THAT THE USE OF ANY OF THE PRODUCT(S) WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT ALL ERRORS WILL BE DETECTED OR CORRECTED.
4.3. Liability Limitation.
AGENTS, REPRESENTATIVES, OR MEMBERS, NOR ANYONE ELSE WHO HAS BEEN
Mantaray Administrator's Guide, v1.0.3, Issue 01
Your rights under this Agreement will terminate immediately without notice
Haivision may terminate this Agreement, effective immediately, if You
Upon the termination of this Agreement for any reason:
5
Haivision warrants that:
(i)
any media on which the Product is provided will be free of
(ii)
refund to You a portion of the fee paid for the relevant Product, whereupon this
(ii)
THE EXPRESS WARRANTIES SET FORTH IN SECTION
IN NO EVENT SHALL HAIVISION OR ITS OFFICERS, EMPLOYEES,
Software End User License Agreement
and 6.
the Product will operate substantially in accordance with
Warranty Information
(i)
4.1 ABOVE IN
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