iRecord PMR-200, User Manual

Page: 35 / 40

6. Limitation of Liability. In no event will Streaming Networks or its licensors be liable for any indirect, incidental, special, consequential or
punitive damages whatsoever, in connection with or arising out of this license, including loss of data, business interruption or other
economic advantage, no matter what theory of liability, even if Streaming Networks is advised of the possibility of such damages. In no
event will Streaming Networks’ liability to you, whether in contract, tort (including negligence), or otherwise, exceed US $40 (Forty US
Dollars). The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some states do not allow the
exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.
7. Disclaimer of Warranty. EXCEPT FOR THE LIMITED WARRANTY OF SECTION 5 ABOVE, ALL EXPRESS OR IMPLIED, OR STATUTORY
CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A
PARTICULAR PURPOSE OR MERCHANTABILITY ARE DISCLAIMED. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY
STREAMING NETWORKS SHALL CREATE ANY WARRANTY. THE USE OF THE SOFTWARE IS AT YOUR OWN RISK INCLUDING SATISFACTION OF
QUALITY, PERFORMANCE, ENJOYMENT AND ACCURACY. STREAMING NETWORKS DOES NOT WARRANT THAT THE FEATURES CONTAINED IN
THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE WITHOUT FAULTS OR THAT ANY
DEFECTS, ERRORS WILL BE CORRECTED. IN CASE OF ANY DEFECTS IN THE SOFTWARE YOU ASSUME ALL THE COST OF NECESSARY SERVICE,
REPAIR OR CORRECTION. THIS WARRANTY IS NOT APPLICABLE TO: (1) PROBLEMS THAT RESULT FROM EXTERNAL CAUSES SUCH AS
ACCIDENT, ABUSE OR MISUSE; (2) USAGE THAT IS NOT IN ACCORDANCE WITH STREAMING NETWORKS' PRODUCT INSTRUCTIONS; (3)
PRODUCTS THAT ARE USED FOR COMMERCIAL PURPOSES; (4) PRODUCTS WITH MISSING OR ALTERED SERIAL NUMBERS; (5) PRODUCTS
WHICH HAVE HAD THEIR HOUSINGS OPENED OR OTHERWISE TAMPERED WITH; (6) PRODUCTS WHICH HAVE BEEN USED WITH
UNAUTHORIZED OR MODIFIED SOFTWARE; OR (7) PROBLEMS CAUSED BY USING THIRD PARTY ACCESSORIES, PARTS, OR COMPONENTS.
THE FOREGOING STATES THE ENTIRE LIABILITY OF STREAMING NETWORKS WITH RESPECT TO WARRANTY AND INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS BY ANY Software DELIVERED UNDER THIS AGREEMENT. PROOF OF PURCHASE WHICH IS EVIDENCE THAT
THE PRODUCT IS WITHIN THE WARRANTY PERIOD HAS TO BE PRESENTED TO OBTAIN WARRANTY SERVICE. REPAIR OR REPLACEMENT AS
PROVIDED UNDER THIS WARRANTY IS THE EXCLUSIVE REMEDY OF THE PURCHASER. STREAMING NETWORKS SPECIFICALLY DISCLAIMS
ANY AND ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. IN NO EVENT SHALL STREAMING NETWORKS BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR
BREACH OF ANY EXPRESS OR IMPLIED WARRANTY ON THIS PRODUCT. THIS LIMITED WARRANTY DOES NOT COVER ACCESSORIES SUCH AS
POWER ADAPTERS, ANY CABLES NOR IT COVERS DAMAGES RESULTING FROM FIRMWARE UPGRADES.
8. Termination. This License agreement will remain in force until terminated. Your rights under this License will terminate automatically
without notice from Streaming Networks if you fail to adhere to any terms and conditions of this License. In the event of termination of this
License you must immediately cease use of the Software and destroy or return to Streaming Networks all copies of the Software within 30
days.
9. Export Control. You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of
the jurisdiction in which the Software was obtained.
10. MP3 and AAC. Notice to the extent that the Software contains MP3 and AAC audio encoding functionality, commercial use of MP3 or
AAC requires additional licensing and the following provisions applies: The MP3 and AAC feature in this product is licensed herein only for
noncommercial personal use to encode audio in compliance with the MP3 and AAC standard.
11. H.264/AVC. Notice to the extent that the Software contains H.264/AVC encoding functionality, commercial use of H.264/AVC requires
additional licensing and the following provisions applies: The H.264/AVC feature in this product is licensed herein only for non-commercial
personal use to encode video in compliance with the H.264/AVC standard.
Page 34