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. WINDOWS MEDIA
This product is protected by certain intellectual property rights of Microsoft. Use or distribution f such technology outside of this product is prohibited without a license from Microsoft.
The software embedded within your Device (the “Device Firmware”) contains software licensed from Microsoft that enables you to play Windows Media Audio (WMA) files (“WMA Software”). The WMA Software is licensed to you for use with your Device under the following conditions. By installing and using this version of the Device Firmware, you are agreeing to these conditions. IF YOU DO NOT AGREE TO THE END USER CONDITIONS OF THIS SECTION 7, DO NOT INSTALL OR USE THIS VERSION OF THE DEVICE FIRMWARE.
The WMA Software is protected by copyright and other intellectual property laws. This protection also extends to documentation for the WMA Software, whether in written or electronic form.
GRANT OF LICENSE. The WMA Software is only licensed to you as follows:
You may use this version of the Device Firmware containing the WMA Software only as such use relates to your Device.
You may not reverse engineer, decompile, or disassemble the WMA Software, except and only to the extent that such activity is expressly permitted by applicable law.
You may transfer your right to use the Device Firmware only as part of a sale or transfer of your Device, on the condition that the recipient agrees to the conditions set forth herein. If the version of the Device Firmware that you are transferring is an upgrade, you must also transfer all prior versions of the Device Firmware that you have which include the WMA Software.
MICROSOFT IS NOT PROVIDING ANY WARRANTY OF ANY KIND TO YOU FOR THE WMA SOFTWARE, AND MICROSOFT MAKES NO REPRESENTATION CONCERNING THE OPERABILITY OF THE WMA SOFTWARE.
The WMA Software is of U.S. origin. Any export of this version of the Device Firmware must comply with all applicable international and national laws, including the U.S. Export Administration Regulations, that apply to the WMA Software incorporated in the Device Firmware.
8. RealNetworks, Inc.
Portions of this software are included under license from RealNetworks, Inc. Copyright
The portions of the Program licensed from RealNetworks, Inc. (“RN”) are provided AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RN FURTHER DICLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW IN NO EVENT SHALL RN BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS). 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.
You may not modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by applicable law) or use other means to discover the RN Source Code or otherwise replicate the functionality of the Real Format Client Code.
9. 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.
10. GOVERNING LAW
If you acquired this Device in the United States, this EULA shall be governed and construed in accordance with the laws of the State of New York, U.S.A. without regard to its conflict of laws principles. If you acquired this Device outside the United States or the European Union, then local law may apply.
11. 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.
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