Digital Entertainer Express EVA9100 User Manual
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 SOFTWARE. THE FOREGOING LIMITATIONS ARE INDEPENDENT OF THE EXCLUSIVE REMEDY PROVIDED IN SECTION 5 ABOVE AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF SUCH EXCLUSIVE REMEDY OR OF ITS ESSENTIAL PURPOSE. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY AND DAMAGES SHALL NOT APPLY TO CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY.
7.You may not export or
8.The Software and documentation are considered “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Use, duplication or disclosure of the Software and documentation by the U.S. Government is subject to the restrictions set forth in DFAR Section 227.7202 for military agencies and FAR Section 12.212 for civilian agencies. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, U.S.A., WITHOUT REFERENCE TO ITS CONFLICT OF LAWS PRINCIPLES. THIS AGREEMENT WILL NOT BE GOVERNED BY THE U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALES OF GOODS. ANY DISPUTE BETWEEN YOU AND NETGEAR ARISING UNDER THIS AGREEMENT SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF CALIFORNIA. This Agreement is the entire agreement between You and NETGEAR regarding the subject matter herein and supersedes any other communications with respect to the Software. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will continue in full force and effect. Failure to prosecute a party’s rights with respect to a default hereunder will not constitute a waiver of the right to enforce rights with respect to the same or any other breach.
9.Should you have any questions relating to this Agreement, or if you desire to contact NETGEAR for any reason, please call 1-
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