OBLIGATIONS UNDER THIS AGREEMENT; (b) reverse engineer, decompile, disassemble or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Software by any means whatsoever, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) remove or destroy any copyright notices or other proprietary markings; (d) attempt to circumvent any use restrictions; (e) modify or adapt the Software, merge the Software into another program or create derivative works based on the Software; (f) use, copy or distribute the Software without NETGEAR’s written authorization, excepting 1 copy for archival or backup purposes only; or (g) use the Software or the NETGEAR Digital Entertainer EVA700 for commercial use. YOU MAY NOT (AND MAY NOT ALLOW A THIRD PARTY TO) COPY, REPRODUCE, CAPTURE, STORE, RETRANSMIT, DISTRIBUTE, OR BURN TO CD (OR ANY OTHER FORMAT) ANY COPYRIGHTED CONTENT (INCLUDING BUT NOT LIMITED TO MUSICAL AND
3.THIS AGREEMENT SHALL BE EFFECTIVE UPON INSTALLATION OF THE SOFTWARE AND SHALL TERMINATE UPON THE EARLIER OF: (A) YOUR FAILURE TO COMPLY WITH ANY TERM OF THIS AGREEMENT OR (B) RETURN, DESTRUCTION OR DELETION OF ALL COPIES OF THE SOFTWARE IN YOUR POSSESSION. NETGEAR’s rights and your obligations shall survive any termination of this Agreement. Upon termination of this Agreement, You shall certify in writing to NETGEAR or such NETGEAR licensor that all copies of the Software have been destroyed or deleted from any of your computer libraries or storage devices.
4.NETGEAR warrants that the Software will perform substantially in accordance with the documentation accompanying the Software for a period of 90 days after your initial receipt of the Software. NETGEAR’s entire liability and your exclusive remedy for breach of this warranty shall be repair or replacement of the Software. This limited warranty shall be void if failure of the Software has resulted from any accident, abuse, misuse or misapplication by You. EXCEPT AS SET FORTH ABOVE, THE SOFTWARE IS PROVIDED ON AN “AS IS”
BASIS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION OF, USE OF AND RESULTS OBTAINED FROM THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NETGEAR DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, QUALITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND FITNESS FOR YOUR PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT. NETGEAR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR
5.In the event that a claim alleging infringement or misappropriation of an intellectual property right arises concerning the Software, NETGEAR in its sole discretion may elect to defend or settle such claim. NETGEAR, in the event of such claim, may also in its sole discretion, elect to terminate this Agreement and all rights to use the Software and require the return and/or destruction of the Software, with a refund of the fees paid for use of the Software less a reasonable allowance for use and shipping. THE FOREGOING ARE NETGEAR’S SOLE EXCLUSIVE OBLIGATIONS, AND YOUR SOLE AND EXCLUSIVE REMEDIES, WITH RESPECT TO INFRINGEMENT AND/OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHT.
6.UNDER NO CIRCUMSTANCES WILL NETGEAR OR ITS LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA OR OTHER SUCH PECUNIARY LOSS), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF NETGEAR AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NETGEAR’S AND ITS LICENSORS’ AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT EXCEED THE FEES PAID BY YOU FOR THE