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CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), EVEN IF ARCSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ARCSOFT BE LIABLE TO YOU FOR DAMAGES IN AN AMOUNT GREATER THAN THE FEES PAID FOR THE USE THE FOREGOING LIMITATIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWS IN YOUR JURISDICTION.

7.Export. You will not export or re-export the product incorporating the Software without the appropriate United States or foreign government licenses.

8.U.S. Government Restricted Rights. If you are a unit or agency of the United States government, the Software and related documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212(b), as applicable. Any use, modification, reproduction, release, performing, displaying or disclosing of the Software and/or the related documentation by the United States government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement. Any technical data provided that is not covered by the above provisions is deemed to be "technical data?commercial items" pursuant to DFAR Section 227.7015(a). Any use, modification, reproduction, release, performing, displaying or disclosing of such technical data shall be governed by the terms of DFAR Section 227.7015(b).

9.Termination. THIS AGREEMENT SHALL BE EFFECTIVE UPON INSTALLATION OF THE SOFTWARE AND SHALL TERMINATE UPON THE EARLIER OF: (i) YOUR FAILURE TO COMPLY WITH ANY TERM OF THIS AGREEMENT; OR (ii) RETURN, DESTRUCTION OR DELETION OF ALL COPIES OF THE SOFTWARE IN YOUR POSSESSION. ArcSoft's rights and your obligations shall survive the termination of this Agreement.

10.High Risk Activities. The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). ARCSOFT EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.

11.Governing Law and Jurisdiction. This Agreement will be governed by and construed under the laws of the State of California and the United States as applied to agreements entered into and to be performed entirely within California, without regard to conflicts of laws provisions thereof and the parties expressly