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and related materials provided to you by TP
VISION hereunder. TP VISION's rights and
your obligations shall survive the termination
of this Agreement.
7. Upgrades. TP VISION may, at its sole
option, make upgrades to the Software
available by general posting on a website
or by any other 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
26
EN-GB
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 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-
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