Sunfire TGM-100C user manual Sonic Solutions End-User Licence Agreement, Miscellaneous

APPENDIX

Customer or any of its agents or employees.

7. MISCELLANEOUS

The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. If any provision of this LICENSE is inconsistent with, or cannot be fully enforced under, the law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. This LICENSE is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. Customer agrees that it will not ship, transfer or export the SOFTWARE into any country, or use the SOFTWARE in any manner, prohibited by the United States Bureau of Export Administration or any export laws, restrictions or regulations, and that Customer shall be solely responsible for the results of any violation of such laws, restrictions or regulations arising from Customer’s activities. This LICENSE may only be modified in writing signed by an authorized officer of NVIDIA.

SONIC SOLUTIONS End-User Licence Agreement

THIS IS A CONTRACT, PLEASE READ IT CAREFULLY, BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL NOT BE ABLE TO USE THIS SOFTWARE UNLESS YOU ACCEPT THIS AGREEMENT. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO ANY TERM OR CONDITION, YOU MAY NOT INSTALL OR RUN THIS SOFTWARE.

1. License.

Sonic Solutions, a California corporation, (“Sonic”) hereby grants to the purchaser (hereafter “you”) a personal, non-exclusive, non-transferable license (the “License”), without the right to sublicense, to use the application, installation, utility, system, upgrade or other software accompanying this License, whether on disk, in read only memory, or on any other media (the “Sonic Software”), the related documentation and materials. The Sonic Software is licensed for use in object code form only, for your internal use and only on a specific hardware system. The Sonic Software is licensed, not sold, to you by Sonic. You own the media on which the Sonic Software is recorded but Sonic and/or Sonic’s licensor(s) retain title to the Sonic Software and to any copies which this License authorizes you to make. You acknowledge that Sonic and/or Sonic’s licensor(s) (hereafter, collectively referred to as “Sonic”) retain all other ownership rights connected with the Software, including, without limitation, all copyrights, trademark rights, and all other intellectual property rights. You agree to refrain from any action which would diminish such rights

or would call them into question. You agree that this License shall apply to any software provided to you by Sonic or Sonic’s representative

as replacement or upgrade software to substitute for or to be used in conjunction with the software accompanying this License.

2. Permitted Uses and Restrictions.

This License allows you to install and use the Sonic Software on a single Sonic-manufactured or Sonic-approved hardware system at a time. This License does not allow the Sonic Software to exist on more than one hardware system at a time. You may make one copy of the Sonic Software in machine-readable form for backup purposes only. The backup copy must include all copyright notices and any other proprietary legends contained on the original copy of the Sonic Software. You may use the Sonic Software in a networked environment and transmit the Sonic Software from one hardware system to another over a network so long as each hardware system which receives the Sonic Software

is the subject of a license for the Sonic Software it receives. Except as permitted by applicable law and this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, create derivative works from the Sonic Software or publish or transmit the

Sonic Software over a network. You may, however, transfer your rights under this License, provided you transfer the related documentation, this License, and a copy of the Sonic Software to a party who agrees to accept the terms of this License and destroy any other copies of the Sonic Software in your possession. Your rights under this License will terminate automatically without notice from Sonic if you fail to comply with any term(s) of this License.

3. Limited Warranty on Media.

Sonic warrants the media on which the Sonic Software is delivered to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original purchase. Your exclusive remedy under this paragraph shall be, at Sonic’s option, a refund of the purchase price of the product containing the Sonic Software or replacement of the Sonic Software which is returned to Sonic or an Sonic authorized representative.

THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS, OR IMPLIED. SONIC SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES.

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

4. Disclaimer of Warranty on Sonic Software.

You expressly acknowledge and agree that use of the Sonic Software is at your sole risk. The Sonic Software is provided “AS IS” and without warranty of any kind and Sonic

EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SONIC SOFTWARE. SONIC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SONIC SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SONIC SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SONIC SOFTWARE WILL BE CORRECTED. FURTHERMORE, SONIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SONIC SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SONIC OR AN SONIC AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SONIC SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SONIC OR AN SONIC AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR

OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

5. Limitation of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SONIC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Sonic’s total liability to you for all damages exceed the amount paid for this to the Sonic Software.

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User’s Manual