website or by any other means or methods. Such upgrades may be made available pursuant to the terms of this
Agreement or the release of such upgrades to you may be subject to your acceptance of another agreement.
8. Support Services. MMD is not obligated to provide technical or other support (“Support Services”) for the
Software. If MMD does provide you with Support Services, these will be governed by separate terms to be agreed
between you and MMD.
9. Limited Software Warranty. MMD provides the Software ‘as is’ and without any warranty except that the
Software will perform substantially in accordance with the documentation accompanying the Software for a period
of one year after your first download, installation or use of the Software, whichever occurs first. MMD’s entire
liability and your exclusive remedy for breach of this warranty shall be, at MMD’s option, either (i) return of the
price paid by you for the Software (if any); or (ii) repair or replacement of the Software that does not meet the
warranty set forth herein and that is returned to MMD with a copy of your receipt. This limited warranty shall be
void if failure of the Software has resulted from any accident, abuse, misuse or wrongful application. Any
replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days,
whichever is longer. This limited warranty shall not apply to you if the Software was provided to you free of charge
on an evaluation only basis.
10. NO OTHER WARRANTIES. EXCEPT AS SET FORTH ABOVE, MMD AND ITS LICENSORS DO NOT WARRANT THAT
THE SOFTWARE WILL OPERATE ERROR FREE OR UNINTERRUPTED, OR WILL MEET YOUR REQUIREMENTS. YOU
ASSUME ALL RESPONSIBILITIES FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR
THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, MMD AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS,
WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY OR COMPLETENESS OF RESULTS WITH RESPECT TO THE
SOFTWARE AND THE ACCOMPANYING MATERIALS. THERE IS NO WARRANTY AGAINST INFRINGEMENT. MMD
DOES NOT WARRANT THAT YOU WILL BE ABLE TO DOWNLOAD, COPY, STORE, DISPLAY, TRANSFER, AND/OR PLAY
SECURE CONTENT.
11. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL MMD OR ITS LICENSORS BE LIABLE FOR ANY
CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, LOSS OF DATA, LOSS OF USE OR OTHER PECUNIARY LOSS, EVEN IF MMD OR ITS LICENSORS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MMD’S OR ITS LICENSORS’ AGGREGATE
LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT EXCEED THE GREATER OF THE PRICE ACTUALLY PAID
BY YOU FOR THE SOFTWARE OR FIVE POUNDS STERLING (5.00).
12. Trademarks. Certain of the product and MMD names used in this Agreement, the Software, and the printed
user documentation may constitute trademarks of the MMD, its licensors or other third parties. You are not
authorized to use any such trademarks.
13. Export Administration. You agree that you will not directly or indirectly, export or re-export the Software to
any country for which the United States Export Administration Act, or any similar United States law or regulation
requires an export license or other U.S. Government approval, unless the appropriate export license or approval
has first been obtained. By downloading or installing the Software you agree to abide by this Export provision.
14. Governing law. This Agreement is governed by the laws of the Netherlands, without reference to its conflict
of laws principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly excluded. Any dispute between you and MMD
regarding this Agreement shall be subject to the non-exclusive jurisdiction of the courts of the Netherlands. If for
any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the
remainder of this Agreement shall continue in full force and effect.
15. General. This Agreement contains the entire agreement between you and MMD and supersedes any prior
representation, undertaking or other communication or advertising with respect to the Software and user
documentation. If any part of this Agreement is held invalid, the remainder of this Agreement will continue in full
force and effect. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer.
