Christie CA20-AC, Installation And Setup Manual

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Maintenance and Support
8. This Agreement does not provide for support and maintenance of the Software. Support and maintenance (if any) would be governed by a separate
contract between Christie and Licensee. Any supplemental software code provided to Licensee as part of the Support Services will be considered part of the
Software and subject to the terms and conditions of this Agreement.
Warranties; Limitation of Liability
9. Warranties:
a. Christie warrants that it owns or has the right to license the Software.
b. Christie warrants that its documentation (if any) provided with its Software accurately describes such Software. Licensee’s sole remedy for breach of the
foregoing representation shall be Christie’s commercially reasonable efforts to redeliver the documentation and/or the affected Software to address any
inconsistency.
c. Christie warrants that the media on which the Software is distributed will be free from defects in materials and workmanship under normal use for a
period of ninety (90) days from the date of delivery. Christie will replace any defective media returned to Christie within the ninety (90) day period.
d. The foregoing is Licensee’s sole and exclusive remedy for breach of the warranties given pursuant to this Section.
10. Limitations of Liability: Christie will not be liable for errors contained in the Software or in connection with the performance or use of the Software.
Christie does not warrant that the Software is free from any defects or that it will operate uninterrupted.
IN NO EVENT WILL CHRISTIE BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST
PROFITS, LOST REVENUES AND LOST DATA ARISING OUT OF THE USE OF THIS SOFTWARE AND ITS DOCUMENTATION, EVEN IF CHRISTIE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT AS PROVIDED IN SECTION 9 OF THIS AGREEMENT, CHRISTIE SPECIFICALLY DISCLAIMS ANY WARRANTIES OR CONDITIONS, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT. THE SOFTWARE AND ACCOMPANYING DOCUMENTATION, IF ANY, PROVIDED HEREUNDER IS PROVIDED “AS IS”. CHRISTIE HAS NO
OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.
CHRISTIE FURTHER DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, OBLIGATIONS AND LIABILITIES RELATING TO THIRD-PARTY SOFTWARE
WHICH IS EMBEDDED IN THE SOFTWARE.
Some jurisdictions do not allow exclusions or limitations of certain conditions or warranties. Only those exclusions or limitations that are lawful in Licensee’s
jurisdiction will apply to Licensee and, in such instances, Christie’s liability will be limited only to the maximum extent permitted by law.
CHRISTIE SPECIFICALLY DISCLAIMS ANY WARRANTIES OR CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE AND ACCOMPANYING DOCUMENTATION, IF ANY, PROVIDED HEREUNDER IS
PROVIDED “AS IS”. CHRISTIE HAS NO OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.
CHRISTIE FURTHER DISCLAIMS ANY AND ALL REPRESENTATIONS RELATING TO THIRD PARTY SOFTWARE WHICH IS EMBEDDED IN THE SOFTWARE. Some
jurisdictions do not allow exclusions or limitations of certain conditions or warranties. Only those exclusions or limitations that are lawful in Licensee’s
jurisdiction will apply to Licensee and, in such instances, Christie’s liability will be limited only to the maximum extent permitted by law.
Termination
11. Christie may terminate this Agreement at any time and for any reason. Christie may also terminate this Agreement if the Licensee breaches or is in
default of any obligation of Licensee under this Agreement. Upon termination of this Agreement, the Licensee will immediately (i) cease using the Software
and (ii) uninstall the Software from any personal computers, servers, tablets, or other devices (to the extent it is installed thereon). The Licensee's obligation
under this provision will survive the termination of this Agreement.
General
12. Notices: Unless otherwise set forth in this Agreement, all notices, or other communications hereunder will be deemed to have been duly given when
made in writing and delivered in person, by courier or deposited in the mail, postage prepaid, and registered mail, return receipt requested, and addressed to
Licensee at the billing address supplied to Christie by Licensee or such other address as Licensee may provide to Christie, and addressed to Christie at Christie
Digital Systems USA, Inc., c/o Christie Digital Systems Canada Inc. at 809 Wellington Street North, Kitchener, Ontario, Canada N2G 4Y7, Attention: Vice
President, Global Engineering, with a copy (which will not constitute notice) to Christie's Legal Department at the same address.
13. Severability and Waiver: Any provision of this Agreement which is held by any court to be unenforceable or invalid will be deemed severed from this
Agreement, without affecting any other provision of this Agreement. No waiver by Christie of any particular default or omission committed by Licensee will
affect or impair the right of Christie in respect of any subsequent default or omission of the same or a different kind. No delay or failure by Christie to exercise
any rights in connection with any default or omission committed by Licensee will affect or impair Christie's rights in respect of that particular default or
omission or any subsequent default or omission of the same or different kind. In any event, time will continue to be of the essence without the necessity of
specific reinstatement.
14. Language: This Agreement has been prepared in the English language and if a translation of this agreement is provided in any other language, such
translation is for convenience only and will not bind the parties so that only the English language version of this Agreement will be binding on the parties.
15. Governing Law: This Agreement is governed by the laws of the State of California, without regard to its conflict of law principles. Any suit or action
arising out of or in connection with this Agreement will be brought in the federal or state courts located in Orange County, State of California. Each of Licensor
and Licensee hereby irrevocably submit to the jurisdiction of such courts for the purpose of such suit or action and expressly and irrevocably waive, to the
fullest extent permitted by law, any objection it may now or hereafter have to the venue of any such suit or action in any such court and any such claim that
any suit or action has been brought in an inconvenient forum.