Guide to ReplayTV
viii
6. Ownership. SONICblue and its licensors own and retain all proprietary rights, including all patent, copyright, trade secret, trademark and other intellectual
property rights, in and to the Software and any corrections, bug fixes, enhancements, updates or other modifications to the Software. You acknowledge that the
license granted under this agreement does not provide you with title to or ownership of the Software, but only a right of limited use under the terms and condi-
tions of this agreement.
7. Limitation of Liability. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND THE PRODUCT REMAINS
WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SONICBLUE AND ITS SUPPLIERS OR LICENSORS WILL NOT BE
LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR OTHER PECU-
NIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE RTVS, EVEN IF SON-
ICBLUE OR ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. Termination of Software License. The licenses for the Software granted under this agreement shall terminate automatically if you fail to comply with the
limitations described in this agreement. No notice will be required from SONICblue to effectuate such termination. On termination of the licenses, SONICblue
may erase or destroy all copies of the Software on your ReplayTV and you agreed to destroy all accompanying documentation. The obligations (other than the
license) of SONICblue and you in this agreement shall survive termination of this agreement. Nothing in this Section 9 shall limit any other remedies that SON-
ICblue may have for your breach of this agreement.
9. Export Controls; Government Restricted Rights. You acknowledge and agree that none of the Software or underlying information or technology may be
downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Angola, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other
country to which the U.S. has embargoed goods; or anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Denial Orders. By using the Software, you represent and warrant that you are not a national or resident of any such country or on any such
list.
The Software is a commercial product, developed at private expense, and provided with restricted rights. Use, reproduction, release, modification or disclosure
of the Software, or any part thereof, including technical data, by the Government is restricted in accordance with Federal Acquisition Regulation (“FAR”) 12.212
for civilian agencies and Defense Federal Acquisition Regulation Supplement (“DFARS”) 227.7202 for military agencies.
Summary of Contents for RTV4040
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