American Dynamics VideoEdge User Manual download pdf (Page 373)

End User License Agreement (EULA)

357

provided with the product when used with specified hardware. THE FOREGOING EXPRESS

WARRANTY REPLACES AND IS IN LIEU OF ALL OTHER WARRANTIES OR

CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT

LIMITED TO, ANY IMPLIED OR OTHER WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR NON-

MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY,

CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT,

OR SYSTEM INTEGRATION. TYCO MAKES NO WARRANTY THAT ANY PORTION OF

THE SOFTWARE WILL OPERATE ERROR-FREE, FREE OF ANY SECURITY DEFECTS

OR IN AN UNINTERRUPTED MANNER. TYCO SHALL NOT BE RESPONSIBLE FOR

PROBLEMS CAUSED BY CHANGES IN THE OPERATING CHARACTERISTICS OF THE

DEVICE(S) UPON WHICH THE SOFTWARE IS OPERATING, OR FOR PROBLEMS IN THE

INTERACTION OF THE SOFTWARE WITH NON-TYCO SOFTWARE OR HARDWARE

PRODUCTS. TYCO NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON

PURPORTING TO ACT ON ITS BEHALF TO MODIFY OR TO CHANGE THIS

WARRANTY, NOR TO ASSUME FOR IT ANY OTHER WARRANTY OR LIABILITY

CONCERNING THIS SOFTWARE. THE WARRANTY MADE BY TYCO MAY BE VOIDED

BY ABUSE OR MISUSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL

RIGHTS. YOU MAY HAVE OTHER RIGHTS UNDER MANDATORY LAW THAT VARY

FROM STATE TO STATE AND COUNTRY TO COUNTRY.

b. Exclusive Remedy. Tyco's entire liability and your exclusive remedy under the warranty

set forth in this Section 6 will be, at Tyco's option, to (i) attempt to correct Software errors with

efforts Tyco believes suitable to the problem, (ii) replace at no cost the recording medium,

Software or documentation with functional equivalents as applicable, or (iii) refund a pro-rated

portion of the license fee paid for such Software (less depreciation based on a five-year life

expectancy) and terminate this EULA, provided, in each case, that Tyco is notified in writing of all

warranty problems during the applicable warranty period. Any replacement item will be warranted

for the remainder of the original warranty period. No remedy is provided for failure of the

Software if such failure is the result of accident, abuse, alteration or misapplication with respect to

the Software or any hardware on which it is loaded. Warranty service or assistance is provided at

the original point of purchase.

7. LIMITATION OF LIABILITY & EXCLUSION OF DAMAGES.

a. LIMITATION OF LIABILITY. IN NO EVENT WILL TYCO'S AGGREGATE

LIABILITY (INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR NEGLIGENCE,

STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION AND OTHER

CONTRACT OR TORT CLAIMS) ARISING FROM OR RELATED TO THIS EULA, OR THE

USE OF THE SOFTWARE, EXCEED THE GREATER OF USD$5.00 OR THE AMOUNT OF

FEES YOU PAID TO TYCO OR ITS RESELLER FOR THE SOFTWARE THAT GIVES RISE

TO SUCH LIABILITY. BECAUSE AND TO THE EXTENT THAT SOME JURISDICTIONS

DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, THESE

MAY NOT APPLY TO YOU.

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