5.Warranty Disclaimer. NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THIS SOFTWARE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES FOR
6.Limited Liability. YOUR SOLE REMEDY AND THE ENTIRE LIABILITY OF ARCSOFT AND ITS LICENSORS ARE SET FORTH ABOVE. IN NO EVENT WILL ARCSOFT AND ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST SAVINGS, OR OTHER DAMAGES ARISING OUT OF USE OF OR INABILITY TO USE SUCH SOFTWARE, EVEN IF ARCSOFT OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7.Export. You will not export or
8.U.S. Government Restricted Rights. If you are a unit or agency of the United States government, the Software and related documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212(b), as applicable. Any use, modification, reproduction, release, performing, displaying or disclosing of the Software and/or the related documentation by the United States government shall be governed solely by the Terms of this Agreement and shall be prohibited except to the extent expressly permitted by the Terms of this Agreement. Any technical data provided that is not covered by the above provisions is deemed to be "technical data commercial items" pursuant to DFAR Section 227.7015(a). Any use, modification, reproduction, release, performing, displaying or disclosing of such technical data shall be governed by the Terms of DFAR Section 227.7015(b).
9.High Risk Activities. The Software is not
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