mxr Poly Blue Octave Manual page 7

End-User License Agreement (cont.)
8. TERMINATION: This Agreement is effective until terminated.
Dunlop may terminate this Agreement immediately, without
prior notice or liability, if You breach any of the terms or
conditions of this Agreement. All sections of this Agreement
which by their nature should survive termination will survive
termination, including, without limitations, warranty disclaimers
and limitations of liability. Upon termination of this Agreement
for any reason, You must destroy the Software Product and all
of its component parts.
9. NO WARRANTIES: WARRANTY DISCLAIMER THE
SOFTWARE PRODUCT IS PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. The Software Product is offered
on an "AS-IS" basis and Dunlop does NOT warrant that the
functions contained in the Software Product will meet Your
requirements or that the operation of the Software Product will
be uninterrupted or error free. You should not use the Software
Product for any applications in which failure could cause any
significant damage or injury to persons or tangible or intangible
property. DUNLOP DISCLAIMS ALL WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE
ENTIRE RISK OF THE QUALITY AND PERFORMANCE OF THE
DUNLOP SOFTWARE IS WITH YOU. SOME STATES DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY NOTWITHSTANDING: ANYTHING
CONTAINED IN THIS AGREEMENT OR OTHERWISE,
DUNLOP WILL NOT BE LIABLE WITH RESPECT TO THE
SUBJECT MATTER OF THIS AGREEMENT UNDER ANY
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER
LEGAL OR EQUITABLE THEORY FOR ANY INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES
OF ANY KIND. SOME STATES AND COUNTRIES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES. SO THE ABOVE LIMITATIONS
AND EXCLUSIONS MAY NOT APPLY TO YOU.
11. EXCLUSIVE REMEDIES: The entire liability of Dunlop, its
parent, affiliates and/or distributors and Your exclusive remedy
for any breach of the EULA or for any other liability relating to
the Software Product and/or the Dunlop product shall be, at
Dunlop's sole option, (a) return of the amount paid (if any) for
the Software Product and/or the Dunlop product, or (b) repair
or replacement of the Software Product and/or the Dunlop
product that is returned to Dunlop with a copy of Your receipt.
You will receive the remedy elected by Dunlop without charge,
except that You are responsible for any expenses You may
incur (i.e. cost of shipping of the Software Product and/or the
Dunlop product to Dunlop). However, this remedy is unavailable
if failure of the Software Product and/or the Dunlop product
resulted from accident, abuse, misapplication, abnormal use
or a virus.
12. EXPORT RESTRICTIONS: You acknowledge that the
Software Product, or any part thereof, or any process or
service that is the direct product of the Software are of U.S.
origin. You agree to comply with all applicable international and
national laws that apply to these products, including the U.S.
Export Administration Regulations, as well as end-user, end-
use and destination restrictions issued by U.S. and/or other
governments.
13. MISCELLANEOUS: The failure of either party to exercise
in any respect any right provided for herein will not be deemed
a waiver of any further rights hereunder. If any provision of this
Agreement is found to be unenforceable or invalid, that provision
will be limited or eliminated to the minimum extent necessary
so that this Agreement will otherwise remain in full force and
effect and enforceable. This Agreement will be governed by and
construed in accordance with the laws of the state of California
without regard to the conflict of law's provisions thereof. Venue
for any action brought shall be exclusively in the appropriate
state and/or federal court located in San Francisco, California.
Both parties agree that this Agreement is the complete and
exclusive statement of the mutual understanding of the
parties and supersedes and cancels all previous written and
oral agreements, communications and other understandings
relating to the subject matter of this Agreement, and that all
modifications must be in writing and signed by both parties,
except as otherwise provided herein. No agency, partnership,
joint venture, or employment is created as a result of this
Agreement and You do not have any authority of any kind
to bind Dunlop in any respect whatsoever. In any action or
proceeding to enforce rights under this Agreement,the prevailing
party will be entitled to recover costs and reasonable attorneys'
fees. All notices under this Agreement will be in writing.
M306 | Poly Blue Octave 7