Warranty Information
Software End User License Agreement
Makito X User’s Guide, v2.2, Issue 02
417
Agreement, and against any and all Claims incurred by or on behalf of any of the foregoing in the
investigation or defense of any and all such Claims.
6.
OTHER PROVISIONS
6.1.
Export and Other Restrictions.
This Agreement, and all Your rights and Your obligations under this
Agreement, are subject to all applicable Canadian and U.S. Government laws and regulations
relating to exports including, but not limited to, the U.S. Department of Commerce Export Admin-
istration Act and its associated Regulations and all administrative acts of the U.S. Government there-
under. In the event the Product or the Hardware is exported from the United States or re-exported
from a foreign destination, You shall ensure that the distribution and export/re-export of the Product
or the Hardware is in compliance with all laws, regulations, orders, or other restrictions of the U.S.
Export Administration Act and its associated Regulations. You agree that neither you nor any of
your Affiliates will export/re-export any Product, any hardware on which the Product is loaded or
embedded, technical data, process, or service, directly or indirectly, to any country for which the
Canadian government or United States government (or any agency thereof) requires an export
license, other governmental approval, or letter of assurance, without first obtaining such license,
approval or letter.
6.2.
Content.
Your data and/or your use of the Product may not:
(i)
interfere in any manner with the function-
ality or proper working of the Product;
(ii)
stream any material that is copyrighted, protected by trade
secret or otherwise subject to third party proprietary rights, including privacy and publicity rights,
unless You are the owner of such rights or have permissions from the rightful owner to post the
material;
(iii)
constitute, promote, facilitate or permit any illegal activities, including without limita-
tion, activities that might be libelous or defamatory, invasive of privacy or publicity rights, abusive
or otherwise malicious or harmful to any person or entity;
(iv)
distribute, share or facilitate unautho-
rized data, malware, viruses, Trojan horses, spyware, worms or other malicious or harmful distribu-
tions; or
(v)
otherwise violate, misappropriate or infringe the intellectual property, privacy, publicity,
contractual or other proprietary rights of any third party.
6.3.
Consent to Use Data.
You agree that Haivision may collect and use technical data and related informa-
tion, including but not limited to technical information about Your device, system and application
software and peripherals, that is gathered periodically to facilitate the provision of software updates,
product support and other services to You (if any) related to the Product. Haivision may use this
information, as long as it is in a form that does not personally identify You, to improve its products
or to provide services or technologies to You.
6.4.
Transfer and Assignment.
Haivision may assign, sublicense, or transfer this Agreement and/or any or
all of its rights or obligations hereunder. You may not assign, transfer or delegate any of its rights or
obligations hereunder (whether by operation of law or otherwise) without the prior written consent
of Haivision. For purposes of the preceding sentence, and without limiting its generality, any merger,
consolidation or reorganization involving You (regardless of whether You are a surviving or disap-
pearing entity) will be deemed to be a transfer of rights, obligations or performance under this
Agreement for which Haivision's prior written consent is not required. Any unauthorized assign-
ment, transfer or delegation by You shall be null and void. This Agreement is binding upon and
inures to the benefit of the parties hereto and their respective permitted successors and assigns.
6.5.
Waiver and Amendment.
No modification, amendment or waiver of any provision of this Agreement
shall be effective, unless in writing signed by both parties. No failure or delay by either party in exer-
cising any right, power or remedy under this Agreement, except as specifically provided herein, shall
operate as a waiver of any such right, power or remedy. Without limiting the foregoing, any addi-
tional legal terms and conditions submitted by You in any other documents, including but not limited
to the Entitlement, shall be of no legal force or effect.
