to any country to which such export or transmission is restricted by any applicable laws
without the appropriate prior written consent of the applicable government entity or
department; and (d) publish or otherwise disclose the Software for others to copy.
Licensee will make reasonable efforts to prevent any unauthorized use of the Software
by third parties and will advise Licensee's employees of the restrictions upon use
restrictions herein.
5.
Upgrades and Updates
: While Christie is not required to do so, Christie may provide
Licensee with upgrades or updates to the Software, including but not limited to files
that are delivered to Licensee via online transmission or otherwise to “patch” or
otherwise modify or enhance the software program. This Agreement covers any
upgrades or updates to the Software that Licensee may obtain from Christie or one of
its authorized vendors, unless the upgrade or update comes with its own license
agreement. If Licensee decides not to download or install an upgrade or update
provided by Christie, Licensee understands that this could put the Software at risk to
serious security threats or cause the Software to become unstable. Christie may, at its
option, cause an upgrade or update to apply automatically.
Maintenance and Support
1.
Christie may, in its sole discretion and without any obligation, provide maintenance and
support services related to the Software (“Support Services”). Support Services are
governed by Christie’s policies and programs described in materials available from
Christie. Any supplemental software code provided to Licensee as part of the Support
Services will be considered part of the Software and subject to the terms and
conditions of this Agreement.
Warranty and Limitation of Liability
1.
No Warranties
: The Software is provided “as is” and Christie makes no warranty of
any kind with regard to the Software. Christie will not be liable for errors contained in
the Software or in connection with the performance or use of the Software. Christie
does not warrant that the Software is free from any defects or that it will operate
uninterrupted. Christie warrants that the media on which the Software is distributed
will be free from defects in materials and workmanship under normal use for a period
of ninety (90) days from the date of delivery. Christie will replace any defective media
returned to Christie within the ninety (90) day period. The foregoing is Licensee’s sole
and exclusive remedy for breach of the warranty given pursuant to this Section.
Christie does not make any other warranties, either express or implied, including, but
not limited to, implied warranties of merchantability, fitness for a particular purpose,
title and non-infringement with regard to the Software.
2.
Limitations of Liability
: IN NO EVENT WILL CHRISTIE BE LIABLE TO ANY PARTY FOR
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
INCLUDING LOST PROFITS, LOST REVENUES AND LOST DATA ARISING OUT OF THE
USE OF THIS SOFTWARE AND ITS DOCUMENTATION, EVEN IF CHRISTIE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
CHRISTIE SPECIFICALLY DISCLAIMS ANY WARRANTIES OR CONDITIONS,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE AND
ACCOMPANYING DOCUMENTATION, IF ANY, PROVIDED HEREUNDER IS PROVIDED
“AS IS”. CHRISTIE HAS NO OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT,
UPDATES, ENHANCEMENTS, OR MODIFICATIONS.
CHRISTIE FURTHER DISCLAIMS ANY AND ALL REPRESENTATIONS RELATING TO THIRD
PARTY
SOFTWARE WHICH IS EMBEDDED IN THE SOFTWARE. Some jurisdictions do not
allow exclusions or limitations of certain conditions or warranties. Only those
exclusions or limitations that are lawful in Licensee’s jurisdiction will apply to Licensee
