GoVideo VR2940 manual Help cont, General Provisions

7 - Help (cont.)

unmodified Software will substantially conform to the Documentation and be free of physical defects, when properly used on the appropriate equipment. YesVideo does not warrant that the Software will meet Customer’s requirements or that operation of the Software will be uninterrupted or error-free. This warranty does not cover damage caused by improper use or neglect. The Technology is furnished “AS IS” and without warrant as to the performance or results that customer may obtain by using the Technology. To obtain the warranty service during the thirty day warranty period Customer may return the defective Technology with a description of the Problem to YesVideo. The defective Technology will be replaced during this period at no additional charge.

3.2No Other Warranties. This limited warranty states YesVideo’s sole obligation, and Customer’s exclusive remedy if the Software does not conform to the Documentation. Except as specified in this Software License Agreement, YesVideo makes no express, implied or statutory warranties

to Customer and disclaims all warranties of merchantability, fitness for a particular purpose and non infringement of third party rights. No other person is authorized to make written or oral warranties on behalf of YesVideo. If local law precludes the exclusion of implied warranties, such exclusion may not apply to customer.

4.0LIMITATION OF LIABILITY. YesVideo will have no liability to Customer for any indirect, incidental, special, exemplary or consequential damages (including but not limited to lost profits or loss of data or use), whether based in contract, tort, strict liability or any other legal theory, even if YesVideo has been advised of the possibility of or has knowledge of the potential loss or damages. No action, regardless of form, shall be brought by Customer against YesVideo more than one (1) year after the cause of the action has occurred. If the above exclusion of incidental and consequential damages is precluded by local laws, such exclusion may not apply to Customer.

8.5.0UNITED STATES GOVERNMENT PURCHASES. The Software and Documentation are “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in 48 C.F.R. 12.212 of the Federal Acquisition Regulations (“FAR”) and its successors and 48 C.F.R. 227.7202- 1 through 227.7202-4 (June 1995) of the

Department of Defense FAR Supplement and its successors. All U.S. government Customers acquire the Software and the Documentation with only those rights set forth in this Agreement.

6.0GENERAL PROVISIONS.

6.1Notices. Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows with notice deemed given as indicated: (i.) by personal delivery when delivered personally; (ii.) by overnight courier upon written verification of receipt; (iii.) by telecopy or facsimile transmission upon acknowledgment of receipt of electronic transmission; or (iv.) by certified or registered mail, return receipt requested, upon verification of receipt. Notice shall be sent to the addresses of each party’s corporate headquarters, or such other address as either party may specify in writing.

6.2Assignment and Successors. This Agreement and the Technology may not be transferred, sublicensed, sold, or otherwise transferred by Customer without the prior written consent of YesVideo. This Agreement will bind and inure to the successors and assigns of Customer and YesVideo.

6.3Disputes. This Agreement is governed by the laws of the State of California, without application of the principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. In the event of a dispute, the prevailing party is entitled to recover reasonable legal fees and court

costs.

9.7Interpretation of Agreement. Neither the failure nor any delay of YesVideo to exercise a right, remedy or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of

a right, remedy or privilege by YesVideo preclude any further exercise of the same. The waiver by either party of a breach of or right under this Agreement will not constitute a waiver of any other breach or right. In the event that any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions will continue in full force and effect. This Agreement may only be amended, modified or waived by written documents signed by authorized representative of YesVideo. This Agreement is the complete agreement between the parties regarding this subject matter and supersedes all previous or contemporaneous agreements, proposals and communications, written and oral.

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