Limitation Of Liability - Sonic Blue RTV5504 User Manual

ReplayTV5.5 UG.book Page 62 Friday, August 1, 2003 10:58 AM

5. Limitation of Liability

THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND THE PRODUCT REMAINS WITH YOU. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DNNA AND ITS SUPPLIERS OR LICENSORS WILL NOT BE LIABLE FOR ANY CON-
SEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR OTHER PECUNIARY LOSS) ARISING
OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE RTVS, EVEN IF DNNA OR ITS SUPPLIERS OR
LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
6. Termination
This Agreement and the licenses granted hereunder shall terminate automatically if you fail to comply with the limitations described in this Agreement. No
notice will be required from DNNA to effectuate such termination. On termination of this Agreement, you must destroy all copies of the Software and accompa-
nying documentation. The obligations of DNNA and You in Sections 2, 3, 4, 5, 6, 7 and 8 shall survive termination of this Agreement. Nothing in this Section 6
shall limit any other remedies that DNNA may have for your breach of this Agreement.
7. Export Controls; Government Restricted Rights
You acknowledge and agree that none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into
(or to a national or resident of) Angola, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country to which the U.S. has embargoed goods; or any-
one on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By using the Soft-
ware, you represent and warrant that you are not a national or resident of any such country or on any such list. The Software is a commercial product, developed
at private expense, and provided with restricted rights. Use, reproduction, release, modification or disclosure of the Software, or any part thereof, including tech-
nical data, by the Government is restricted in accordance with Federal Acquisition Regulation ("FAR") 12.212 for civilian agencies and Defense Federal Acqui-
sition Regulation Supplement ("DFARS") 227.7202 for military agencies.
8. Miscellaneous
This Agreement shall in all respects be governed by the laws of the State of California without reference to its principles of conflicts of laws. The United Nations
Convention on Contracts for the International Sales of Goods shall not apply to this Agreement. You hereby agree that all disputes arising out of this Agreement
shall be subject to the exclusive jurisdiction of and venue in the federal and state courts within Santa Clara County, California, and you hereby consent to the per-
sonal and exclusive jurisdiction and venue of these courts.
If any of the provisions of this Agreement are held to be invalid under any applicable statute or rule of law, they are, to that extent, deemed omitted. The waiver
of any breach or default, or any delay in exercising any rights shall not constitute a waiver of any subsequent breach or default. This Agreement constitutes the
complete and exclusive agreement between you and DNNA with respect to the subject matter hereof, and supersedes all prior oral or written understandings,
communications or agreements. This agreement may not be modified except in writing duly signed by an authorized representative of DNNA.
It is the intent of DNNA that this product be used in full compliance with the copyright laws of the United States. Unauthorized recording and sending of certain
copyrighted material may be contrary to the provisions of the United States copyright laws. The rights of copyright holders are subject to limitations when per-
sons are engaged in "fair use" or are protected by other provisions of law. You are responsible for complying with these laws. This product incorporates copy-
right protection technology that is protected by U.S. patents and other intellectual property rights including, among others, Macrovision U.S. patents nos.
4,631,603; 4,577,216; 4,819,098; 4,907,093. Use of this copyright protection technology must be authorized by Macrovision, and is intended for home uses only
unless otherwise authorized by Macrovision. Reverse engineering or disassembly is prohibited.
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