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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
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
36
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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.
13. Export Administration. You agree that you
will not directly or indirectly, export or re-
export the Software to any country for which
the United States Export Administration Act,
or any similar United States law or regulation
requires an export license or other U.S.
Government approval, unless the appropriate
export license or approval has first been
obtained. By downloading or installing the
Software you agree to abide by this Export
provision.
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