Appendix

Software will be uninterrupted or error free. However, FUNAI or FUNAI's subsidiary warrants a medium on which the CD-ROM on which the Software is stored to be free of material or manufacturing defects under normal use and operating conditions for a period of ninety (90) days from the date of you obtained the same as evidenced by a receipt or otherwise. CUSTOMER REMEDIES. FUNAI, FUNAI's subsidiaries and affiliates, their distributors and dealers' entire liability and your exclusive remedy shall be the replacement of the medium not meeting the LIMITED WARRANTY. The LIMITED WARRANTY does not apply if failure of the medium has resulted from accident, abuse or misapplication of the Software and shall not extend to anyone other than the original user of the Software.

5. NO LIABILITY FOR DAMAGES.

IN NO EVENT SHALL FUNAI, FUNAI'S SUBSIDIARIES AND AFFILIATES, THEIR DISTRIBUTORS AND DEALERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS INTERRUPTION OR OTHER COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE SOFTWARE, USE THEREOF OR INABILITY TO USE THE SOFTWARE EVEN IF FUNAI, FUNAI'S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS OR DEALERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR LEGAL JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR PERSONAL INJURY OR DEATH RESULTING FROM NEGLIGENCE ON THE PART OF SELLER, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

DISCLAIMER OF INDEMNITY. FUNAI, FUNAI'S SUBSIDIARIES AND AFFILIATES, THEIR DISTRIBUTORS AND DEALERS SHALL ASSUME NO OBLIGATION TO INDEMNIFY YOU AGAINST ANY CLAIM OR SUIT BROUGHT BY A THIRD PARTY ALLEGING THAT THE SOFTWARE OR USE THEREOF INFRINGES ANY INTELLECTUAL PROPERTY OF SUCH THIRD PARTY.

6. EXPORT RESTRICTIONS:

You agree to comply with all export laws and restrictions and regulations of the country involved, and not to export or re-export, directly or indirectly, the Software in violation of any such laws and restrictions and regulations, or without all necessary approvals.

7. US GOVERNMENT RESTRICTED RIGHTS:

This Software and the documentation are provided with "RESTRICTED RIGHTS" applicable to private and public licenses alike. Without limiting the foregoing, use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable.

8. TERM:

This Agreement is effective upon your acceptance hereof by using the Software and remains in effect until terminated. "Use" shall mean when the Software is loaded on a temporary memory of your PC such as RAM or installed in a fixed memory (hard disc and other memory devices). You may terminate this Agreement with a 30 days prior written notice or by destroying the Software including any and all copies thereof. This Agreement shall also terminate if you fail to comply with any terms of this Agreement. In the event that this Agreement terminates for your failure to comply with this Agreement, in addition to FUNAI enforcing its respective legal rights, you must promptly destroy the Software including any and all copies thereof. Notwithstanding the foregoing, Sections 2, 4, 5, 6, 7, 8, 9 and 10 shall survive any termination of this Agreement.

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