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ReplayTV5.5 UG.book Page 61 Friday, August 1, 2003 10:58 AM
REPAIR OR REPLACEMENT AS PROVIDED UNDER THIS WARRANTY IS THE EXCLUSIVE REMEDY OF THE CONSUMER. IN NO EVENT WILL
DNNA BE LIABLE FOR ANY AMOUNT GREATER THAN THE CURRENTLY SUGGESTED RETAIL PRICE OF THIS PRODUCT. DNNA SHALL NOT
BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY ON THIS
PRODUCT. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE ON THIS PRODUCT IS LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY.
Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the
above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may have other rights, which vary from state to state.
Software License Agreement
IMPORTANT -- READ CAREFULLY: By selecting "I agree, please continue Setup" below and continuing with the setup process to begin using the software in
your ReplayTV Product ("Product"), you agree to be bound by the terms of this Software License Agreement (this "Agreement"). If you do not agree to the
terms of this Agreement, you may promptly return the Product to the point of purchase for a refund of your purchase price, or you may contact Digital Networks
North America, Inc. ("DNNA") for instructions on where to ship the Product, at DNNA's cost, for a full refund of the purchase price after inspection.
1. License Grant; Restrictions
Subject to the terms of this Agreement, DNNA grants you a non-exclusive, non-transferable license, without the right to sublicense, to use all software included
with the Product or subsequently provided to you, and related documentation (together, "Software") solely for your internal, noncommercial use and solely in
connection with your use of the Product and access to the ReplayTV Service ("RTVS"). You acknowledge and agree that DNNA may periodically update, mod-
ify or enhance the Software remotely through the RTVS, and that any registration or other information provided by you may be used or disclosed by DNNA pur-
suant to the terms of DNNA's ReplayTV Privacy Policy, as that policy may be modified by DNNA from time to time. You further agree that: (a) use of the
Software or the Product with any third party service competitive with the RTVS is a violation of this Agreement and is grounds for DNNA's termination thereof;
(b) you will not to attempt to modify, enhance, disassemble, decompile, reverse engineer or otherwise attempt to gain access to the source code to the Software;
and (c) you will not attempt to remove or unbundle the Software from the Product. Any resale or transfer of the Product by you will be subject to the terms and
conditions of this Agreement.
2. Ownership
DNNA and its licensors own and retain all proprietary rights, including all patent, copyright, trade secret, trademark and other intellectual property rights, in and
to the Software and any corrections, bug fixes, enhancements, updates or other modifications to the Software. You acknowledge that the license granted under
this Agreement does not provide you with title to or ownership of the Software, but only a right of limited use under the terms and conditions of this Agreement.
3. Confidential Information
You agree that the Software contains confidential information, including trade secrets, know-how and other information, that is the exclusive property of DNNA.
You agree to keep this information confidential and to not use or disclose this information to any third party except as authorized by this Agreement.
4. No Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DNNA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFT-
WARE OR THE RTVS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. NO
WARRANTY IS MADE THAT USE OF THE SOFTWARE OR THE RTVS WILL BE ERROR FREE OR UNINTERRUPTED, THAT ANY ERRORS OR
DEFECTS WILL BE CORRECTED, OR THAT THE FUNCTIONALITY OF THE SOFTWARE OR THE RTVS WILL MEET YOUR REQUIREMENTS.
BECAUSE SOME STATES/JURISDICTIONS DO NOT PERMIT ALL DISCLAIMERS OF WARRANTY, THESE LIMITATIONS MAY NOT APPLY TO
YOU.
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