C
OMREX
C
ORPORATION
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STAC Product Manual
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rights, trademarks and other intellectual property rights therein. Your possession, instal-
lation, or use of the Player does not transfer to you any title to the intellectual property
in the Player, and you will not acquire any rights to the Player except as expressly set
forth in this Agreement. Licensor reserves the right to disclose you as a customer of our
product; Licensor will obtain your approval before disclosing any additional information
regarding your organization’s use of Licensor products in marketing or promotional
materials. All copies of the Player and Documentation made hereunder must contain the
same proprietary notices that appear on and in the Player and Documentation.
5. Restrictions.
You may not sell, lease, license, rent, loan or otherwise transfer, with or with-
out consideration, the Player except in the instance that you sell, lease, rent, loan or otherwise
transfer the entire device utilizing the player. You shall not disclose the results of any benchmark
test that you make of the Player to any third parties without Licensor’s prior written consent.
You agree not to permit any third party to use the Player in any form and shall use all reason-
able efforts to ensure that no improper or unauthorized use of the Player is made. You may
not permit third parties to benefit from the use or functionality of the Player via a timesharing,
service bureau or other arrangement. You may not transfer any of the rights granted to you under
this Agreement. You may not reverse engineer, decompile, disassemble the Player, or otherwise
reduce the software for the Player to a human-readable form. You may not modify or create de-
rivative works based upon, the Player in whole or in part. You may not copy the Player or Docu-
mentation except as expressly permitted in Section 1 above. You may not remove any proprietary
notices or labels on the Player. All rights not expressly set forth hereunder are reserved by Macro-
media and/or Licensor.
6. Warranty Disclaimer.
THE PLAYER IS PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PER-
MITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT WITH RESPECT TO
THE PLAYER AND THE ACCOMPANYING DOCUMENTATION. YOU ASSUME RESPONSIBILITY
FOR SELECTING THE PLAYER TO ACHIEVE YOUR INTENDED RESULTS, AND USE OF, AND
RESULTS OBTAINED FROM THE PLAYER. WITHOUT LIMITING THE FOREGOING PROVISION,
LICENSOR MAKES NO WARRANTY THAT THE PLAYER WILL BE ERROR-FREE OR FREE FROM IN-
TERRUPTIONS OR OTHER FAILURES OR THAT THE PLAYER WILL MEET YOUR REQUIREMENTS.
The foregoing provision shall be enforceable to the maximum extent permitted by applicable law.
7. Limitation of Liability.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIERS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL INCIDENTAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR
ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR OR ITS SUPPLI-
ERS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE LICENSOR CHARGES FOR
A LICENSE TO THE PLAYER, EVEN IF LICENSOR SHALL HAVE BEEN ADVISED OF THE POSSI-
BILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY
FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. The foregoing provision shall be enforceable to the maximum extent permitted by
applicable law.
