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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 NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY, AND ARCSOFT EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED HEREIN. YOU ASSUME THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE
DEFECTIVE, YOU, AND NOT ARCSOFT OR AN AUTHORIZED RESELLER, ASSUME THE ENTIRE COST OF
NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY
FROM JURISDICTION TO JURISDICTION.
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 re-export the product incorporating the Software without the appropriate
United States or foreign government licenses.
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 fault-tolerant and is not designed or intended for use in