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End User License Agreements (EULAs)
3.
Ownership. Title, ownership rights, and all intellectual property
rights in and to the Software and any accompanying
documentation, and any copy of the foregoing, shall remain the
sole and exclusive property of ArcSoft and/or its third party
licensors. You agree to abide by the copyright law and all other
applicable laws. You acknowledge that the Software contains
valuable confidential information and trade secrets of ArcSoft
and/or its third party licensors.
4.
Warranty Disclaimer. NO WARRANTIES, EITHER EXPRESS
OR IMPLIED, ARE MADE WITH RESPECT TO THIS
SOFTWARE, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE AND WARRANTIES FOR NON-
INFRINGEMENT OF INTELLECTUAL PROPERTY, AND
ARCSOFT EXPRESSLY DISCLAIMS ALL WARRANTIES NOT
STATED HEREIN. YOU ASSUME THE ENTIRE RISK AS TO
THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU, AND
NOT ARCSOFT OR AN AUTHORIZED RESELLER, ASSUME
THE ENTIRE COST OF NECESSARY SERVICING, REPAIR,
OR CORRECTION. SOME STATES DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO
HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOUR SOLE REMEDY AND THE ENTIRE LIABILITY OF
ARCSOFT ARE SET FORTH ABOVE. IN NO EVENT WILL
ARCSOFT BE LIABLE TO YOU OR ANY OTHER PERSON FOR
ANY DAMAGES, INCLUDING ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS,
LOST SAVINGS, OR OTHER DAMAGES ARISING OUT OF
USE OF OR INABILITY TO USE SUCH SOFTWARE.
5.
No Liability for Consequential Damages. In no event shall
ArcSoft be liable for any damages whatsoever (including but not
limited to damages for loss of business profits, business
interruption, loss of business information, or any other pecuniary
loss) which results from an inability to use this Software, even if
ArcSoft, Inc. has been advised of the possibility of such
damages. Because some states/jurisdictions do not allow the
exclusion or limitation of consequential or incidental damages,
the above limitations may not apply to you.
6.
Export. Subject to permission of the appropriate United States or
foreign licenses, export or re-export the product incorporating the
Software is able to be made.
7.
U.S. Government Restricted Rights. If you are a unit or agency
of the United States government, the Software and related
documentation are deemed to be "commercial computer
software" and "commercial computer software documentation,"
respectively, pursuant to DFAR Section 227.7202 and FAR
Section 12.212(b), as applicable. Any use, modification,
reproduction, release, performing, displaying or disclosing of the
Software and/or the related documentation by the United States
government shall be governed solely by the terms of this
Agreement and shall be prohibited except to the extent expressly
permitted by the terms of this Agreement. Any technical data
provided that is not covered by the above provisions is deemed
to be "technical data commercial items" pursuant to DFAR
Section 227.7015(a). Any use, modification, reproduction,
release, performing, displaying or disclosing of such technical
data shall be governed by the terms of DFAR Section
227.7015(b).
8.
High Risk Activities. The Software is not fault-tolerant and is not
designed or intended for use in hazardous environments
requiring fail-safe performance, or any other application in which
the failure of the Software could lead directly to death, personal
injury, or severe physical or property damage (collectively, "High
Risk Activities"). ARCSOFT EXPRESSLY DISCLAIMS ANY
EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH
RISK ACTIVITIES.
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