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Appendix
44
Software will be uninterrupted or error free. However, FUNAI or FUNAI's subsidiary warrants a
medium on which the CD-ROM on which the Software is stored to be free of material or
manufacturing defects under normal use and operating conditions for a period of ninety (90)
days from the date of you obtained the same as evidenced by a receipt or otherwise.
CUSTOMER REMEDIES. FUNAI, FUNAI's subsidiaries and affiliates, their distributors and
dealers' entire liability and your exclusive remedy shall be the replacement of the medium not
meeting the LIMITED WARRANTY. The LIMITED WARRANTY does not apply if failure of the
medium has resulted from accident, abuse or misapplication of the Software and shall not
extend to anyone other than the original user of the Software.
5. NO LIABILITY FOR DAMAGES.
IN NO EVENT SHALL FUNAI, FUNAI'S SUBSIDIARIES AND AFFILIATES, THEIR
DISTRIBUTORS AND DEALERS BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, LOSS OF DATA,
LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS INTERRUPTION OR OTHER
COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE
SOFTWARE, USE THEREOF OR INABILITY TO USE THE SOFTWARE EVEN IF FUNAI,
FUNAI'S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS OR DEALERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR LEGAL
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR PERSONAL INJURY OR DEATH
RESULTING FROM NEGLIGENCE ON THE PART OF SELLER, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
DISCLAIMER OF INDEMNITY. FUNAI, FUNAI'S SUBSIDIARIES AND AFFILIATES, THEIR
DISTRIBUTORS AND DEALERS SHALL ASSUME NO OBLIGATION TO INDEMNIFY YOU
AGAINST ANY CLAIM OR SUIT BROUGHT BY A THIRD PARTY ALLEGING THAT THE
SOFTWARE OR USE THEREOF INFRINGES ANY INTELLECTUAL PROPERTY OF SUCH
THIRD PARTY.
6. EXPORT RESTRICTIONS:
You agree to comply with all export laws and restrictions and regulations of the country
involved, and not to export or re-export, directly or indirectly, the Software in violation of any
such laws and restrictions and regulations, or without all necessary approvals.
7. US GOVERNMENT RESTRICTED RIGHTS:
This Software and the documentation are provided with "RESTRICTED RIGHTS" applicable to
private and public licenses alike. Without limiting the foregoing, use, duplication, or disclosure
by the U.S. Government is subject to restrictions as set forth in this EULA and as provided in
DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988),
FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable.
8. TERM:
This Agreement is effective upon your acceptance hereof by using the Software and remains in
effect until terminated. "Use" shall mean when the Software is loaded on a temporary memory
of your PC such as RAM or installed in a fixed memory (hard disc and other memory devices).
You may terminate this Agreement with a 30 days prior written notice or by destroying the
Software including any and all copies thereof. This Agreement shall also terminate if you fail to
comply with any terms of this Agreement. In the event that this Agreement terminates for your
failure to comply with this Agreement, in addition to FUNAI enforcing its respective legal rights,
you must promptly destroy the Software including any and all copies thereof. Notwithstanding
the foregoing, Sections 2, 4, 5, 6, 7, 8, 9 and 10 shall survive any termination of this
Agreement.