EN9
5.Limited Warranty
(1)THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. SHOULD THERE BE ANY PROBLEM ARISING FROM OR CAUSED BY THE SOFTWARE, YOU SHOULD SETTLE ALL SUCH PROBLEM AT YOUR OWN COSTS AND RESPONSIBILITIES.
(2)THIS SECTION PROVIDES JVC’S EXCLUSIVE WARRANTY REGARDING THE SOFTWARE. JVC DOES NOT MAKE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED.
6.Limitation of Liability
JVC WILL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU WILL INDEMNIFY AND HOLD HARMLESS JVC FROM ANY LOSS, LIABILITY OR COSTS ARISING OUT OF OR IN ANY WAY CONNECTED TO CLAIMS FROM ANY OTHER PERSONS RELATING TO THE USE OF THE SOFTWARE.
7.Term
This Agreement will become effective on the date when You start to use the Product or You unpack the packaged media containing the Software, whichever is earlier, and continue to be in effect until termination under Section 8 below.
8.Termination
(1)Should You breach any provision of this Agreement, JVC may terminate this Agreement without giving any notice to You. In this event, JVC may claim against You any damages caused by Your breach.
(2)Should this Agreement be terminated, You should immediately destroy the Software including any copy (including erasure from any memory in the Product) and any associated Materials, and then will not possess them.
9.Export Control
You agree that You will not ship, transfer or export the Software or underlying information and technology to any countries to which Japan and other relevant countries have embargoed goods.
10.General
(1)No modification, change, addition, deletion or other alteration of or to the Agreement will be valid unless reduced to writing and signed by an authorized representative of JVC.
(2)Even if any part of the Agreement is held invalid by or in conflict with any law having jurisdiction over this Agreement, the remaining provisions will remain in full force and effect.
(3)To the maximum extent permitted by the applicable law where the Software was acquired, any conditions or warranties imposed or implied by law are hereby excluded. You may nevertheless have the benefit of certain rights or remedies pursuant to the applicable law in respect of which liability may not be excluded. In any case, however, JVC's entire liability will be limited to those which apply to the Product.
(4)The Agreement shall be governed by and interpreted under the laws of Japan. The Tokyo District Court has jurisdiction over all disputes which may arise with respect to the execution, interpretation and performance of this Agreement.
