Mf-digital Ripstation DataGrabber V1.0.29.0 User Manual download pdf (Page 4)

Software EULA 100-5-01-000

Ripfactory – MediaGrabber User Manual Page

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b. Remedies. FUI and its suppliers' entire liability and your exclusive

remedy for any breach of the foregoing warranty shall be, at FUI’s

option, either (i) return of the purchase price paid for the license,

if any, or (ii) replacement of the defective media in which the

Software is contained. You must return the defective media to FUI at

your expense with a copy of your receipt. This limited warranty is void

if the defect has resulted from accident, abuse, or misapplication. Any

replacement media will be warranted for the remainder of the original

warranty period.

c. Warranty Disclaimer. Except for the limited warranty set forth

herein, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT

PERMITTED BY APPLICABLE LAW, FUI DISCLAIMS ALL WARRANTIES, EITHER

EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND

NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING

DOCUMENTATION. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO

ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND

RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING

PROVISIONS, FUI MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE

OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL

MEET YOUR REQUIREMENTS. SOME STATES AND JURISDICTIONS DO NOT ALLOW

LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT

APPLY TO YOU. The foregoing provisions shall be enforceable to the

maximum extent permitted by applicable law.

6. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL

THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL FUI OR ITS

SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT,

SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER

INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, COMPUTER

FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN

NO EVENT WILL TOPIARY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST

PRICE TOPIARY CHARGES FOR A LICENSE TO THE SOFTWARE, EVEN IF TOPIARY

SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION

OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS

LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. The foregoing provisions

shall be enforceable to the maximum extent permitted by applicable law.

7. Miscellaneous. This Agreement is governed by the laws of the

Ireland, without reference to conflict of laws principles, and the

parties agree that the sole location and venue for any litigation which

may arise hereunder shall be Ireland. The application of the United

Nations Convention of Contracts for the International Sale of Goods is

expressly excluded. This Agreement sets forth all rights for the user

of the Software and is the entire agreement between the parties. This

Agreement supersedes any other communications with respect to the

Software and Documentation. This Agreement may not be modified except

by a written addendum issued by a duly authorized representative of

FUI. No provision hereof shall be deemed waived unless such waiver

shall be in writing and signed by FUI or a duly authorized

representative of FUI. If any provision of this Agreement is held

invalid, the remainder of this Agreement shall continue in full force

and effect. The parties confirm that it is their wish that this

Agreement has been written in the English language only.

8. The Software and Documentation are provided with Restricted Rights.

9. You agree not to export this software unless previously agreed with

FUI

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