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4 LIMITED WARRANTY
JVC warrants that any media in which the Program is
embodied are free from any defects in materials and
workmanship for a period of thirty (30) days from the
date of Your purchasing any our products
accompanying the Program. JVC’s entire liability and
your exclusive remedy in connection with the Program
shall be replacement of such defective media.
EXCEPT FOR THE EXPRESS WARRANTIES
STATED HEREIN AND TO THE EXTENT
PERMITTED BY APPLICABLE LAW, JVC AND ITS
LICENSORS DISCLAIM 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.
CONTINUED ON NEXT PAGE
M4S5_InstallGuide_EN.fm Page 2 Thursday, September 9, 2004 6:32 PM