ANY OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN REGARD TO THE PROGRAM AND THE ACCOMPANYING PRINTED MATERIALS. SHOULD THERE BE ANY PROBLEM ARISING FROM OR CAUSED BY THE PROGRAM, YOU SHOULD SETTLE ALL SUCH PROBLEM AT YOUR OWN COST AND EXPENSE.
5LIMITED LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JVC AND ITS LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE PROGRAM, EVEN IF JVC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU WILL INDEMNIFY AND HOLD HARMLESS JVC FROM ANY LOSS, LIABILITY OR COST ARISING OUT OF OR IN ANY WAY CONNECTED TO CLAIMS FROM ANY THIRD PARTY RELATING TO THE USE OF THE PROGRAM.
6TERM
This Agreement will become effective on the date when You install and use the Program on Your machine, and continue to be in effect until the termination under the following provision.
Should You breach any provision of this Agreement, JVC may terminate this Agreement without giving any notice to You. In this event, JVC may claim against You for any damages caused by Your breach. Should this Agreement be terminated, You must immediately destroy the Program stored in Your machine (including the erasing from any
memory in Your PC), and no longer own such Program.
7EXPORT CONTROL
You agree that You will not ship, transfer or export the Program or underlying information and technology to any countries to which Japan and other relevant countries have initiated an embargo on such goods.
8U.S. GOVERNMENT USER
If You are an agency of the United States of America (the “Government”), You acknowledge JVC’s representation that the Program is a “Commercial Item” as defined in Federal Acquisition Regulation (FAR) part 2.101 (g) consisting unpublished “Commercial Computer Software” as those items are used at FAR part 12.212 and is only licensed to You with the same use rights JVC grants all commercial end users pursuant to the terms of this Agreement.
9GENERAL
(1)No modification, change, addition, deletion or other alternation of or to this Agreement will be valid unless reduced to writing and signed by an authorized representative of JVC.
(2)If any part of this Agreement is held invalid by or in conflict with any law having jurisdiction over this Agreement, the remaining provisions will remain in full force and effect.
(3)This Agreement shall be governed by and interpreted under the laws of Japan. The Tokyo District Court has jurisdiction over all disputes which may arise with respect to the execution, interpretation and performance of this Agreement.
Victor Company of Japan, Limited
NOTE:
If You acquired the Program in Germany, the provisions of Sections 4 (Limited Warranty) and 5 (Limited Liability) provided above will be replaced with those of the German version of this Agreement.
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