Avermedia EW510, Quick Manual

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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
11. INDEMNITY
You shall indemnify AVerMedia, its employees and agents from and against all costs, claims, demands,
expenses, fines, penalties and liabilities whatsoever which may be made against, sustained, paid or
incurred by AVerMedia, its employees or agents as a direct or indirect result of your breach of this
Agreement, negligence, breach of statutory duty or other act or omission.
You agree to bear the full, complete, and sole responsibility for using the Software of any purpose. You
also agree to indemnify and hold AVerMedia harmless from any claims, proceedings, damages, costs,
and expenses resulting from your use of the SOFTWARE for any illegal purpose.
12. TERM AND TERMINATION
This Agreement is effective on the date you download or install the Software and with respect to the
use of the Software, unless earlier terminated, continues for the duration of AVerMedia's copyright
rights in the Software. This Agreement will terminate automatically without notice from AVerMedia
if you fail to comply with any provision of this Agreement. In addition, AVerMedia may cancel or
suspend your registered user account for the Service at any time, without cause and/or without notice.
AVerMedia may terminate and/or suspend your user account immediately, without notice, if there has
been a violation of this Agreement and such other policies and terms posted on the Services. You may
terminate this Agreement at any time, you shall destroy the Software and the Documentation and all
the copies thereof and remove and delete the Software from your hard disk or other storage device.
13. CHOICE OF LAW
This Agreement will be governed by and construed in accordance with the substantive laws in force:
(a) in the State of California, if a license to the Software is obtained when you are in the United States,
Canada, or Mexico; or (b) in Taiwan, if a license to the Software is obtained when you are in Japan,
China, Korea, or other Southeast Asian country where all official languages are written in either an
ideographic script (e.g., hanzi, kanji, or hanja), and/or other script based upon or similar in structure to
an ideographic script, such as hangul or kana; or (c) England, if a license to the Software is purchased
when you are in any other jurisdiction not described above. The respective courts of Santa Clara
County, California when California law applies, Taipei District Court in Taiwan, when Taiwanese law
applies, and the competent courts of England, when the law of England applies, shall each have non-
exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed
by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly excluded. The parties expressly
disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.
14. FEEDBACK
At AVerMedia's request, you may provide AVerMedia with written or oral report(s) of the results of your
evaluation of the Service of the Software, including, but not limited to, a report of any errors which
Licensee has discovered in any aspect of the Service of the Software or related documentation. Such
reports, and any other materials, information, ideas, concepts, feedback and know-how provided by
you to AVerMedia concerning the Software and/or the Service ("Evaluations") will be the property
of AVerMedia. You agree to assign, and hereby assigns, all right, title and interest worldwide in the
Evaluations, and the related intellectual property rights, to AVerMedia and agree to assist AVerMedia ,
in perfecting and enforcing such rights.