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ANY OTHER WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR
PURPOSE IN REGARD TO THE
PROGRAM AND THE
ACCOMPANYING PRINTED
MATERIALS. SHOULD THERE BE ANY
PROBLEM ARISING FROM OR
CAUSED BY THE PROGRAM, YOU
SHOULD SETTLE ALL SUCH
PROBLEM AT YOUR OWN COST AND
EXPENSE.
5 LIMITED LIABILITY
TO THE EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT
SHALL JVC AND ITS LICENSORS BE
LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES
WHATSOEVER, REGARDLESS OF
THE FORM OF ACTION WHETHER IN
CONTRACT, TORT OR OTHERWISE
ARISING OUT OF OR IN
CONNECTION WITH THE USE OF OR
INABILITY TO USE THE PROGRAM,
EVEN IF JVC HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH
DAMAGES. YOU WILL INDEMNIFY
AND HOLD HARMLESS JVC FROM
ANY LOSS, LIABILITY OR COST
ARISING OUT OF OR IN ANY WAY
CONNECTED TO CLAIMS FROM ANY
THIRD PARTY RELATING TO THE USE
OF THE PROGRAM.
6 TERM
This Agreement will become effective on
the date when You install and use the
Program on Your machine, and continue
to be in effect until the termination under
the following provision.
Should You breach any provision of this
Agreement, JVC may terminate this
Agreement without giving any notice to
You. In this event, JVC may claim
against You for any damages caused by
Your breach. Should this Agreement be
terminated, You must immediately
destroy the Program stored in Your
machine (including the erasing from any
memory in Your PC), and no longer own
such Program.
7 EXPORT CONTROL
You agree that You will not ship, transfer
or export the Program or underlying
information and technology to any
countries to which Japan and other
relevant countries have initiated an
embargo on such goods.
8 U.S. GOVERNMENT USER
If You are an agency of the United
States of America (the “Government”),
You acknowledge JVC’s representation
that the Program is a “Commercial Item”
as defined in Federal Acquisition
Regulation (FAR) part 2.101 (g)
consisting unpublished “Commercial
Computer Software” as those items are
used at FAR part 12.212 and is only
licensed to You with the same use rights
JVC grants all commercial end users
pursuant to the terms of this Agreement.
9 GENERAL
(1) No modification, change, addition,
deletion or other alternation of or to
this Agreement will be valid unless
reduced to writing and signed by an
authorized representative of JVC.
(2) If any part of this Agreement is held
invalid by or in conflict with any law
having jurisdiction over this
Agreement, the remaining provisions
will remain in full force and effect.
(3) This Agreement shall be governed by
and interpreted under the laws of
Japan. The Tokyo District Court has
jurisdiction over all disputes which
may arise with respect to the
execution, interpretation and
performance of this Agreement.
Victor Company of Japan, Limited
NOTE:
If You acquired the Program in Germany,
the provisions of Sections 4 (Limited
Warranty) and 5 (Limited Liability) provided
above will be replaced with those of the
German version of this Agreement.
M5D2+DSC_InstaGuide.fm Page 2 Monday, October 25, 2004 2:34 PM