20
21
CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE
SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR DOCUMENTATION IS DEFECTIVE, YOU, AND
NOT AVERMEDIA OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICE, REPAIR OR CORRECTION.
AVERMEDIA DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT, REGARDLESS OF WHETHER IT IS MADE BY AVERMEDIA, ON
THIS AVERMEDIA PRODUCT. AVERMEDIA DOES NOT WARRANT THAT THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
AVERMEDIA, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY
OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH
INFORMATION OR ADVICE.
EXPORT
9.
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. The software may not be exported or re-exported
(a) into any U.S. embargoed countries or that has been designated by the U.S. Government as a “terrorist
supporting” country or (b) to U.S. Government list of prohibited or restricted parties. By using the software, you
represent and warrant that you are not located, under control of, any such country or on any such list. You also
agree that you will not use these products for any purposes prohibited by United States law, including, without
limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological
weapons.
LIMITATION OF LIABILITY
10.
IN NO EVENT WILL AVERMEDIA OR ITS AFFILIATES, SUPPLIERS, LICENSEES, DISTRIBUTORS, AND/
OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, COVER, OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE
OR THE SERVICE, THE DOCUMENTATION, OR RELATED ON-LINE SUPPORT OR OTHER TECHNICAL
SUPPORT, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR
TRANSMISSIONS, INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS
OF PROFITS, BUSINESS, GOODWILL, DATA, OR COMPUTER PROGRAMS, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION IN THE
AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY,
AVERMEDIA'S NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNITY
11.
You shall indemnify AVerMedia, its employees and agents from and against all costs, claims, demands,
expenses, fines, penalties and liabilities whatsoever which may be made against, sustained, paid or incurred by
AVerMedia, its employees or agents as a direct or indirect result of your breach of this Agreement, negligence,
breach of statutory duty or other act or omission.
You agree to bear the full, complete, and sole responsibility for using the Software of any purpose. You also
agree to indemnify and hold AVerMedia harmless from any claims, proceedings, damages, costs, and expenses
resulting from your use of the SOFTWARE for any illegal purpose.
TERM AND TERMINATION
12.
This Agreement is effective on the date you download or install the Software and with respect to the use of the
Software, unless earlier terminated, continues for the duration of AVerMedia's copyright rights in the Software.
This Agreement will terminate automatically without notice from AVerMedia if you fail to comply with any
provision of this Agreement. In addition, AVerMedia may cancel or suspend your registered user account for the
Service at any time, without cause and/or without notice. AVerMedia may terminate and/or suspend your user
account immediately, without notice, if there has been a violation of this Agreement and such other policies and
Содержание AVerCaster SE510
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