RsPlayer | User Guide
Apollo Video Technology
24000-35
th
Avenue Southeast – Bothell, WA 98021
Toll Free:
888.288.8721;
Tel:
425.483.7100;
Fax:
425.483.7200
www.apollovideo.com
OM-03-1001
Page
10
OR IN CONNECTION WITH THIS AGREEMENT EVEN IF APOLLO OR ANY LICENSOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
9. LIMITATION OF LIABILITY AND REMEDIES. THE ENTIRE LIABILITY OF APOLLO AND ANY OF ITS LICENSORS UNDER THIS
AGREEMENT AND YOUR EXCLUSIVE REMEDY (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY
APOLLO WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE
AMOUNT ACTUALLY PAID BY YOU FOR THE LICENSED SOFTWARE OR U.S. $5.00. THE FOREGOING LIMITATIONS,
EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 7, 8 AND 9) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
10. TERMINATION. If You breach any provision of this Agreement, then Apollo may terminate any license granted hereunder effective
immediately without liability after 10 days written notice to You, and You will promptly return to Apollo all copies of the Licensed
Software.
11. ASSIGNMENT AND TRANSFER. You may not sell, lease, rent, assign, sublicense or transfer the Software except that You may
transfer all of Your rights under this Agreement as part of a sale or transfer of Apollo video recorder(s). Such a sale or transfer may
only be made if You retain no copies of the Software, You transfer all of the Software (including any media, archival copies, upgrades
and Documentation) and the recipient agrees to abide by the terms of this Agreement. An upgrade may not be transferred unless You
transfer all prior versions of the Software. In the event of any such transfer, You shall remain liable and responsible to Apollo for the
performance of all of Your duties and obligations under this Agreement.
12. GOVERNMENT LICENSEE. The Apollo video recorder, Licensed Software and the accompanying Documentation were
developed solely at private expense. All rights of the U.S. government are set forth herein.
13. GOVERNING LAW AND VENUE. This Agreement is governed by the laws of the State of Washington, USA, excluding its choice
of law rules and the United Nations Convention on Contracts for the International Sale of Goods. Venue and jurisdiction of any claim
or action involving this Agreement shall exist exclusively in the state and federal courts located in King County, Washington, USA.
14. GENERAL PROVISIONS. This Agreement is the entire agreement between the parties with respect to the subject matter set forth
herein and supersedes all prior oral written agreements between the parties with respect thereto and may only be amended in writing
by the parties. If a court of competent jurisdiction finds that any provision of this Agreement is unlawful or unenforceable, then it is the
intent of the parties that such court applies a rule of reasonableness and modifies the provision in question so that it will remain in
effect to the greatest extent permitted by law. If a court finds such procedure to be inappropriate, then the provision held unlawful or
unenforceable shall be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and
effect. Sections 4, 5, 7, 8, 9, 13 and 14 (and all provisions of this Agreement which may reasonably be interpreted or construed as
surviving the expiration or termination of this Agreement) shall survive the expiration or termination of this Agreement
.
