Operating Instructions
expressly provided in this Agreement. You may not export the SOFTWARE in contravention of any applicable U.S. or foreign export laws and regulations.
4.TERM:
This license is effective until terminated. You may terminate this Agreement at any time by destroying the SOFTWARE and related documentation and all copies thereof. This license will be terminated if you fail to comply with any term or condition of this Agreement. Upon such termination, you agree to destroy the SOFTWARE, all copies thereof and related documentation.
5.LIMITED WARRANTY:
PANASONIC warrants to you that the SOFTWARE will perform substantially in accordance with its documentation for the ninety (90) day period following your receipt of the SOFTWARE.
To make a warranty claim, you must return the SOFTWARE to the location where you obtained it along with proof of purchase within such ninety (90) day period. If the SOFTWARE does not perform substantially in accordance with its documentation, the entire liability of PANASONIC and your exclusive remedy shall be limited to either, at PANASONIC'S option, the replacement of the SOFTWARE or the refund of the license fee you paid for the SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR PANASONIC'S BREACH OF WARRANTY. THE LIMITED WARRANTY SET FORTH IN THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
6.LIMITATION OF LIABILITY:
EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN PARAGRAPH 5, PANASONIC MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON- INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. PANASONIC DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS. IN NO EVENT WILL PANASONIC BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A REPRESENTATIVE OF PANASONIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9
