circumstances (as in the so-called Sony Betamax case with respect to video taping of broadcast television System programs for the purpose of time-shifting). The application of this decision as well as subsequent decisions in this area and their application to modern technology is continually evolving. Future rulings and interpretations relating to copyright law cannot be effectively predicted, but keeping abreast of these developments is advised as it is important in making informed decisions about use of your Vision System. If you have a reasonable belief that you have the right to copy and use such content under the “fair use” doctrine, that you have permission under another theory, or that you are otherwise authorized to do so, then that belief is what you will be relying on in using the Vision System and you do so at your own risk. By using the Vision System product you acknowledge and agree that it is your responsibility to comply with the law and to deter- mine which content, and in what manner, you have the right to view, store, manage and enjoy particular content on your Vision System. For example, if you believe that you are entitled under “fair use” principles to, copy content on a DVD to the hard drive for convenient use in your home so long as the DVD is lawfully in your possession with a right to view at the time of use and such DVD is not being used on another DVD player at the same time and the content owner is not otherwise being harmed by such use, then your use of the Vision System should be made in accordance with 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you no longer have the DVD in your possession, or when some other factor that led you to believe it was “fair use” is no longer valid, then destroy the copy on the hard drive.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 media) 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 LI- ABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT 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 CONTRACTUAL BENEFICIARY OF THIS EULA.
6.LIMITATIONS ON REVERSE ENGINEERING, DECOMPILING AND DISASSEMBLY. 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 permanently 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 end-user, end-use and destination restrictions issued by U.S. and other governments.
9.DIGITAL RIGHTS MANAGEMENT/SECURITY & CHANGES TO THE VISION SYSTEM. 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 automatically downloaded and installed on your computer. Such security related
