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End user license agreement
6
4. WARRANTY DISCLAIMER
THE PROGRAM IS PROVIDED “AS IS” WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM
PROVE DEFECTIVE, YOU (AND NOT AUDIOVOX, ITS
SUPPLIERS, OR ITS DEALERS) ASSUME THE ENTIRE COST
FOR ALL NECESSARY REPAIR OR CORRECTION.
This exclusion of warranty may not be allowed under
some applicable laws. As a result, the above exclusion
may not apply to you, and you may have other rights
depending on the law that applies to you.
5. OWNERSHIP RIGHTS
All title and intellectual property rights, including but
not limited to copyrights, in and to the Program and any
copies thereof are owned by AUDIOVOX, its Licensors or
its suppliers. All title and intellectual property rights in
and to the content which may be accessed through use
of the Program is the property of the respective content
owner and may be protected by applicable copyright or
other intellectual property laws and treaties. This license
grants you no rights to use such content. All rights not
expressly granted are reserved by AUDIOVOX or its
Licensors.
6. LIMITATION OF LIABILITY
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL AUDIOVOX, OR ITS DEALERS BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS
OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
LOSS) REGARDLESS OF CAUSE OR FORM OF ACTION,
INCLUDING CONTRACT, TORT, OR NEGLIGENCE, ARISING
OUT OF YOUR USE OF OR INABILITY TO USE THE
PROGRAM, EVEN IF AUDIOVOX HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
STATES AND JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY OF
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
(b) YOU ASSUME RESPONSIBILITY FOR THE SELECTION
OF THE APPROPRIATE PROGRAM TO ACHIEVE YOUR
INTENDED RESULTS, AND FOR THE INSTALLATION, USE,
AND RESULTS OBTAINED.
7. THIRD PARTY SOFTWARE
ANY THIRD PARTY SOFTWARE THAT MAY BE PROVIDED
WITH THE PROGRAM IS INCLUDED FOR USE AT YOUR
OPTION. IF YOU CHOOSE TO USE SUCH THIRD PARTY
SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY
SUCH THIRD PARTY'S LICENSE AGREEMENT, AN
ELECTRONIC COPY OF WHICH WILL BE INSTALLED IN THE
APPROPRIATE FOLDER ON YOUR COMPUTER UPON
INSTALLATION OF THE SOFTWARE. AUDIOVOX IS NOT
RESPONSIBLE FOR ANY THIRD PARTY’S SOFTWARE AND
SHALL HAVE NO LIABILITY FOR YOUR USE OF THIRD
PARTY SOFTWARE.
8. GOVERNING LAW
If you acquired this A/V Device in the United States, this
EULA shall be governed and construed in accordance
with the laws of the State of Indiana, U.S.A. without
regard to its conflict of laws principles. If you acquired
this A/V Device outside the United States or the European
Union, then local law may apply.
9. GENERAL TERMS
This EULA can only be modified by a written agreement
signed by you and AUDIOVOX, and changes from the
terms and conditions of this EULA made in any other
manner will be of no effect. If any portion of this EULA
shall be held invalid, illegal, or unenforceable, the
validity, legality, and enforceability of the remainder of
the Agreement shall not in any way be affected or
impaired thereby. This EULA is the complete and
exclusive statement of the agreement between you and
AUDIOVOX, which supersedes all proposals or prior
agreements, oral or written, and all other communications
between you and AUDIOVOX, relating to the subject
matter of this hereof. AUDIOVOX’S Licensors shall be
considered third party beneficiaries of this Agreement
and shall have the right to enforce the terms herein.
“AUDIOVOX SUBSIDIARY” shall mean any person,
corporation, or other organization, domestic or foreign,
including but not limited to subsidiaries, that is directly
or indirectly controlled by Audiovox Corporation
including, but not limited to, Audiovox Consumer
Electronics, Inc. and Audiovox Electronics Corporation.
For purposes of this definition only, the term “control”
means the possession of the power to direct or cause the
direction of the management and policies of an entity,
whether by ownership of voting stock or partnership
interest, by contract, or otherwise, including direct or
indirect ownership of at least fifty percent (50%) of the
voting interest in the entity in question.