3. Audio Recorder 3.0 Plus
5. Limited Warranty
a. Licensor does not warrant that the functions contained in the Licensed Product and Hardware
will meet Licensee’s requirements or that the operation of the Software and Hardware will be
uninterrupted or error-free. Licensor does warrant that the media on which the Software is
furnished and the hardware will be free from defects in materials and workmanship under normal
use for a period of thirty (30) days from the date of delivery (“Warranty Period”). This Limited
Warranty is void of failure of the media on which the Software is furnished has resulted from
accident, abuse, or misapplications.
b.
EXCEPT AS PROVIDED ABOVE, THE LICENSED PRODUCT IS PROVIDED “AS IS”
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, AND THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE LICNESED PRODUCT AND HARDWARE IS WITH LICENSE.
6. Limitation of Liability
a.
Licensor’s sole obligation or liability and licensee’s exclusive remedy under this agreement shall
be the replacement of the defective media on which the software is furnished and/or the
hardware according to the limited warranty above.
b. In no event will licensor be liable for any consequential, incidental or indirect damages including,
without limitation, any loss of data or information, loss of profits, loss savings, business
interruption or other pecuniary loss, arising out of use of or liability to use the software or
documentation or any hardware, even if licensor has been advised of the possibility of such
damages, or for any claim by any third party.
7. General
a. Any Software and Hardware provided to Licensee by Licensor shall not be exported or re-
exported in violation of any export provisions of the United States or any other applicable
jurisdiction. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations
hereunder is void. This Agreement shall be governed by and interpreted under the laws of the
State of New Jersey, United States of America, without regard to its conflicts of law provisions.
Licensor and Licensee agree that the U.N. Convention on Contracts for the International Sales of
Goods shall not apply to this License Agreement.
b. This License Agreement may only be modified or amended by a written license addendum that
accompanies this License Agreement or by written document that has been signed by both you
and Licensor. Site licenses and other types of enterprise licenses are available upon request.
Pleas contact Licensor or your supplier for further information.
c. Any controversy or claim arising out of or relating to this Agreement, or the breach of this
Agreement, shall be settled by arbitration administered by the American Arbitration Association in
accordance with its Commercial Arbitration Rules and Judgment upon the award rendered by the
arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be held in
New Jersey, United States of America.
If you have any other questions concerning this License Agreement, or if you desire to contact Licensor for
any reason, please contact Honest Technology.
Copyright 2008~2011
Honest Technology Inc.
All Rights reserved.
