smartvue S9N Series User Manual page 5

Network video server (server)
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Certain Services may include materials from third parties. You acknowledge and agree that Smartvue is not
responsible for examining or evaluating the content or accuracy, completeness, currency, validity or quality
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services of third parties. You agree that you will not use any third-party materials in a manner that would
infringe or violate the rights of any other party, and that Smartvue is not in any way responsible for any such
use by you.
Smartvue, its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or
any other person for the content you receive or view using the Smartvue Software or for any inaccuracies,
errors in or omissions from the content. Smartvue and its licensors reserve the right to change, suspend,
remove, or disable access to any Services at any time without notice. Smartvue may also impose limits on
the use of or access to certain Services, in any case and without notice or liability.
7. Limitation of Liability TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SMARTVUE BE LIABLE
FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA,
BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED
TO YOUR USE OR INABILITY TO USE THE SMARTVUE SOFTWARE, HARDWARE AND SMARTVUE SOFTWARE
UPDATES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR
OTHERWISE) AND EVEN IF SMARTVUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Smartvue's
total liability to you for all damages (other than as may be required by applicable law in cases involving
personal injury) exceed the amount of ten thousand dollars ($10,000). The foregoing limitations will apply
even if the above stated remedy fails of its essential purpose.
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Software Updates except as authorized by United States law and the laws of the jurisdiction(s) in which the
Smartvue Software and Smartvue Software Updates were obtained. In particular, but without limitation,
neither the Smartvue Software nor the Smartvue Software Updates may be exported or re-exported (a) into
any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Smartvue
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development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
9. Government End Users The Smartvue Software, Smartvue Software Updates, and related documentation
are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer
Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212
or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through
227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software
Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with
only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Unpublished-rights reserved under the copyright laws of the United States.
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unenforceable, the remainder of this License shall continue in full force and effect.
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parties with respect to the use of the Smartvue Software and Smartvue Software Updates licensed
hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No
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