those principles. Consistent with that belief, when you no longer have the DVD in your possession, or when some other factor that led you to believe it was “fair use” is no longer valid, then destroy the copy on the hard drive. If you do not believe that the law permits use of the Vision System to store content from a DVD (or other me- dia) on the hard drive, then do not use the Vision System to do so. In this End User License Agreement Escient is not advocating a position on the applicability of the fair use doctrine or other theories discussed here; it is providing a tool for the user and is pointing out that it is the user’s responsibility to determine when it can use certain features on the Vision System that involve copying of content.
5.NO LIABILITY FOR CERTAIN DAMAGES. EXCEPT AS PROHIBITED BY LAW, ESCIENT AND ITS SOFTWARE SUPPLIERS SHALL HAVE NO LIABILITY FOR ANY INDI- RECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE. THIS LIMITA- TION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EX- CEPT AS MAY BE PROHIBITED BY LAW, IN NO EVENT WILL ESCIENT’S SUPPLIERS OR ESCIENT BE LIABLE TO YOU FOR ANY AMOUNTS ABOVE YOUR PURCHASE PRICE FOR THE VISION SYSTEM. EACH ESCIENT SOFTWARE SUPPLIER IS AN INTENDED CON- TRACTUAL BENEFICIARY OF THIS EULA.
6.LIMITATIONS ON REVERSE ENGINEERING, DECOMPILING AND DISASSEM- BLY. You may not reverse engineer, decompile, or disassemble the Vision System or Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
7.SOFTWARE TRANSFER ALLOWED BUT WITH RESTRICTIONS. You may perma- nently transfer rights under this EULA only as part of a permanent sale or transfer of the Vision System, and only if the recipient agrees to this EULA. You may not modify, sublicense or create derivative works based on the Software and you may only use the Software in connection with the Vision System.
8.EXPORT RESTRICTIONS. You acknowledge that the Software, or any part thereof, or any process or service that is the direct product of the Software (the foregoing collectively referred to as the “Restricted Components”) are of U.S. origin. You agree to comply with all applicable international and national laws that apply to these products, including the U.S. Export Administration Regulations, as well as
9.DIGITAL RIGHTS MANAGEMENT/SECURITY & CHANGES TO THE VISION SYS- TEM. In order to protect the integrity of certain third party content, Escient or its suppliers may provide for software security related updates that will be automatical-
ly downloaded and installed on your computer. Such security related updates may impair the software (and any other software on your Vision System which specifi- cally depends on the software) including disabling your ability to copy and/or play “secure” or other designated content, i.e. content protected by digital rights man- agement. In such an event, Escient and/or its suppliers shall use reasonable efforts to post notices on Escient’s web site explaining the security update and providing instructions to
DELETE, MODIFY OR OTHERWISE CHANGE CERTAIN FEATURES OR FUNCTIONALITY OF THE VISION SYSTEM AND MAY DO SO VIA AUTOMATIC UPDATES OR OTHERWISE SO LONG AS IT IS PERMITTED TO MAKE SUCH CHANGES UNDER THE LAW.
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