Matrox Monarch HD User Manual page 9

Video streaming and recording appliance
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vii
DOCUMENTATION IS ASSUMED BY LICENSEE. FURTHERMORE, MATROX DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
SOFTWARE OR DOCUMENTATION IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY,
CURRENTNESS, OR OTHERWISE. SHOULD THE CONTENTS OF THE SOFTWARE OR DOCUMENTATION
PROVE DEFECTIVE, LICENSEE ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE.
LICENSEE ACKNOWLEDGES AND AGREES THAT LICENSEE IS SOLELY RESPONSIBLE FOR
DETERMINING WHETHER ANY THIRD PARTY PATENT OR COPYRIGHT LICENSES, INCLUDING BUT
NOT LIMITED TO VARIOUS AUDIO AND VISUAL STANDARDS, ARE NECESSARY TO USE, IMPLEMENT
OR DISTRIBUTE THIS PRODUCT, WHICH INCLUDES ANY OR ALL SOFTWARE OR HARDWARE.
LICENSEE IS RESPONSIBLE TO ADVISE LICENSEE'S CUSTOMERS OF THE LIMITATIONS PROVIDED
HEREIN.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MATROX, ITS SISTER COMPANIES AND ITS SUBSIDIARIES BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SOFTWARE. THIS
LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MATROX HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MATROX'S LIABILITY
IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MINIMUM REQUIRED BY LAW.
UNAUTHORIZED USE. THIS SOFTWARE AND ANY DOCUMENTATION RELATED THERETO ARE NOT
DESIGNED, INTENDED, AUTHORIZED OR WARRANTED TO BE SUITABLE FOR USE OR RESALE IN ANY
TYPE OF SYSTEM OR OTHER APPLICATIONS RELATED TO, HAZARDOUS OR POTENTIALLY
HAZARDOUS ENVIRONMENTS OR APPLICATIONS REQUIRING HIGH-AVAILABILITY OR FAIL-SAFE
PERFORMANCE, WHERE PERSONAL INJURY OR DEATH MAY OCCUR, SUCH AS MEDICAL SYSTEMS,
LIFE SUSTAINING, LIFE SAVING SYSTEMS, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, PUBLIC WORKS, WEAPONS
SYSTEMS, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF A PRODUCT COULD LEAD TO
PROPERTY DAMAGE, ENVIRONMENTAL DAMAGE, OR PERSONAL INJURY. LICENSEE WILL NOT USE,
OR PERMIT TO BE USED, THE PRODUCTS FOR SUCH HIGH-AVAILABILITY, FAIL-SAFE OR CRITICAL
APPLICATIONS AND FURTHER, LICENSEE AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS
MATROX AND ITS MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES,
SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY ACTION, SUIT , PROCEEDING, COST,
EXPENSE, DAMAGES, AND LIABILITY (INCLUDING, BUT NOT LIMITED TO, REASONABLE
ATTORNEYS' FEES) ARISING OUT OF , OR RELATED TO, THE BREACH OF LICENSEE'S OBLIGATIONS
RELATED HERETO, EVEN IF SUCH CLAIM ALLEGES THAT MATROX WAS NEGLIGENT REGARDING
THE DESIGN OR MANUFACTURE OF THE SOFTWARE.
TERMINATION
This License will automatically terminate if Licensee fails to comply with any of the terms and conditions hereof. In
such event, Licensee must destroy all copies of the Software and all of its component parts. Matrox reserves the right
to terminate this License without prejudice to any additional recourses Matrox may have against Licensee if Licensee
violates any of this Licenses' terms and conditions.
Matrox will not, by reason of the termination of this Agreement, be liable for compensation, reimbursement or
damages on account of the loss of prospective profits on anticipated sales, or on account of expenditures, investments,
leases, or commitments in connection with the Licensee's business or goodwill or otherwise.
Matrox Software License Agreement

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