Reference

otherwise specified as not for resale. A special license permit from ArcSoft is required if the program is going to be installed on a network server for the sole purpose of distribution to other computers.

3.Copyright. The Software or the Software contained in this package or device is protected by United States copyright laws, international treaty provisions, and all other applicable national laws. The Software must be treated like all other copyrighted materials (e.g. books and musical recordings). This license does not allow the Software to be rented or leased, and the written materials accompanying the Software (if any) may not be copied.

4.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 licensers. 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 licensers.

5.Warranty Disclaimer. THE SOFTWARE IS MADE AVAILABLE TO YOU ON "AS IS" BASIS. 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.

6.No Liability for Consequential Damages. YOU AGREE THAT IN NO EVENT SHALL ARCSOFT OR ITS AGENTS BE LIABLE FOR ANY LOSS OF ANTICIPATED PROFITS, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION, COST OF COVER OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (WHETHER FOR BREACH OF