(c)If you fail to comply with any of the terms of this EULA, in whole or part, your license will automatically terminate without notice from AUDIOVOX.
(d)Upon termination of this EULA and your associated license, you shall cease all use of the Program and destroy or permanently erase the Program and all full or partial copies thereof.
4. WARRANTY DISCLAIMER
THE PROGRAM IS PROVIDED“AS IS”WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU (AND NOT AUDIOVOX, ITS SUPPLIERS, OR ITS DEALERS) ASSUME THE ENTIRE COST FOR ALL NECESSARY REPAIR OR CORRECTION.
This exclusion of warranty may not be allowed under some applicable laws. As a result, the above exclusion may not apply to you, and you may have other rights depending on the law that applies to you.
5. OWNERSHIP RIGHTS
All title and intellectual property rights, including but not limited to copyrights, in and to the Program and any copies thereof are owned by AUDIOVOX, its Licensors or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Program is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This license grants you no rights to use such content. All rights not expressly granted are reserved by AUDIOVOX or its Licensors.
6. LIMITATION OF LIABILITY
(a)TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUDIOVOX, OR ITS DEALERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) REGARDLESS OF CAUSE OR FORM OF ACTION, INCLUDING CONTRACT, TORT, OR NEGLIGENCE, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE PROGRAM, EVEN IF AUDIOVOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(b)YOU ASSUME RESPONSIBILITY FOR THE SELECTION OF THE APPROPRIATE PROGRAM TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED.
7. THIRD PARTY SOFTWARE
ANY THIRD PARTY SOFTWARE THAT MAY BE PROVIDED WITH THE PROGRAM IS INCLUDED FOR USE AT YOUR OPTION. IF YOU CHOOSE TO USE SUCH THIRD PARTY SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH THIRD PARTY'S LICENSE AGREEMENT, AN ELECTRONIC COPY OF WHICH WILL BE INSTALLED IN THE APPROPRIATE FOLDER ON YOUR COMPUTER UPON INSTALLATION OF THE SOFTWARE. AUDIOVOX IS NOT RESPONSIBLE FOR ANY THIRD PARTY’S SOFTWARE AND SHALL HAVE NO LIABILITY FOR YOUR USE OF THIRD PARTY SOFTWARE.
8. GOVERNING LAW
If you acquired this A/V Device in the United States, this EULA shall be governed and construed in accordance with the laws of the State of Indiana, U.S.A. without regard to its conflict of laws principles. If you acquired this A/V Device outside the United States or the European Union, then local law may apply.
9. GENERAL TERMS
This EULA can only be modified by a written agreement signed by you and AUDIOVOX, and changes from the terms and conditions of this EULA made in any other manner will be of no effect. If any portion of this EULA shall be held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remainder of the Agreement shall not in any way be affected or impaired thereby. This EULA is the complete and exclusive statement of the agreement between you and AUDIOVOX, which supersedes all proposals or prior agreements, oral or written, and all other communications between you and AUDIOVOX, relating to the subject matter of this hereof. AUDIOVOX’S Licensors shall be considered third party beneficiaries of this Agreement and shall have the right to enforce the terms herein.
“AUDIOVOX SUBSIDIARY” shall mean any person, corporation, or other organization, domestic or foreign, including | |
but not limited to subsidiaries, that is directly or indirectly controlled by Audiovox Corporation including, but not | |
limited to, Audiovox Consumer Electronics, Inc. and Audiovox Electronics Corporation. For purposes of this | |
definition only, the term “control” means the possession of the power to direct or cause the direction of the | |
management and policies of an entity, whether by ownership of voting stock or partnership interest, by contract, | |
or otherwise, including direct or indirect ownership of at least fifty percent (50%) of the voting interest in the entity | |
in question. | 7 |