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device, program or service designed to circumvent technological
measures employed to control access to, or the rights in, a
content file or other work protected by the copyright laws of any
jurisdiction.
3. TITLE. Title, ownership, rights, and intellectual property rights in and
to the Software and Documentation shall remain in HTC (including
all its relevant suppliers/licensors). The Software is protected by
the copyright laws of the United States and international copyright
treaties. Title, ownership rights and intellectual property rights in
and to the content accessed through the Software including the
content contained in the Software media demonstration files, shall
be retained by the applicable Content owner and may be protected
by applicable copyright or other law. This license gives you NO
rights to such Content.
4. DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY. THE SOFTWARE,
DOCUMENTATION, AND CONTENT ARE PROVIDED AS IS WITHOUT
WARRANTY OF ANY KIND. HTC FURTHER DISCLAIMS ALL
WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING
OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE,
DOCUMENTATION, AND CONTENT REMAINS WITH YOU. IN NO EVENT
SHALL HTC AND ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE
HELD LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR
OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE
USE OF OR INABILITY TO USE THE SOFTWARE, THE OR THE CONTENT,
EVEN IF HTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. HTC's TOTAL LIABLITY FOR ANY DAMAGES UNDER THIS
AGREEMENT SHALL NEVER EXCEED THE PURCHASE PRICE YOU PAID
FOR THE HTC PRODUCT YOU BOUGHT.
Any software is not fault tolerant whether provided by a third
party or HTC. Where you/ the customer installed the software
on the device, HTC is not responsible for how it operates on the
device. The software was designed for systems that do not require
fail-safe performance. You may not use the software in any device
or system in which a malfunction of the software would result in
foreseeable risk of loss, injury or death to any person. This includes
operation of nuclear facilities, aircraft navigation or communication
systems, air traffic control or use in risky and dangerous situations or
environments.
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