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odically update, modify or enhance the Software remotely through the RTVS, and that any registration or other information pro-
vided by you may be used or disclosed by SONICblue pursuant to the terms of SONICblue’s ReplayTV Privacy Policy, as that
policy may be modified by SONICblue from time to time. You further agree that: (a) if you use of the Software or the ReplayTV
with any third party service that is competitive with the RTVS, your product warranty under this agreement will terminate; (b) you
will not attempt to modify, enhance, disassemble, decompile, reverse engineer or otherwise attempt to gain access to the source
code to the Software; and (c) you will not attempt to remove or unbundle the Software from the ReplayTV.
SONICblue and its licensors own and retain all proprietary rights, including all patent, copyright, trade secret, trademark and other
intellectual property rights, in and to the Software and any corrections, bug fixes, enhancements, updates or other modifications to
the Software. You acknowledge that the license granted under this agreement does not provide you with title to or ownership of the
Software, but only a right of limited use under the terms and conditions of this agreement.
THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND THE PRODUCT
REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SONICBLUE AND ITS SUP-
PLIERS OR LICENSORS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL,
PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR OTHER PECUNIARY LOSS) ARISING
OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE RTVS, EVEN IF SON-
ICBLUE OR ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
The licenses for the Software granted under this agreement shall terminate automatically if you fail to comply with the limitations
described in this agreement. No notice will be required from SONICblue to effectuate such termination. On termination of the
licenses, SONICblue may erase or destroy all copies of the Software on your ReplayTV and you agreed to destroy all accompany-
ing documentation. The obligations (other than the license) of SONICblue and you in this agreement shall survive termination of
this agreement. Nothing in this section shall limit any other remedies that SONICblue may have for your breach of this agreement.
You acknowledge and agree that none of the Software or underlying information or technology may be downloaded or otherwise
exported or re-exported (i) into (or to a national or resident of) Angola, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any
other country to which the U.S. has embargoed goods; or anyone on the U.S. Treasury Department’s list of Specially Designated
Nationals or the U.S. Commerce Department’s Table of Denial Orders. By using the Software, you represent and warrant that you
are not a national or resident of any such country or on any such list.
The Software is a commercial product, developed at private expense, and provided with restricted rights. Use, reproduction, release,
modification or disclosure of the Software, or any part thereof, including technical data, by the Government is restricted in accor-