Haivision Mantaray, Руководство администратора

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Warranty Information
Software End User License Agreement
Mantaray Administrator’s Guide, v1.0.3, Issue 01 58
6.6. Enforcement by Third Party.
For any Product licensed by Haivision from other suppliers, the applicable
supplier is a third party beneficiary of this Agreement with the right to enforce directly the obliga-
tions set forth in this Agreement against You.
6.7. Third Party Content.
Haivision is not responsible for examining or evaluating the data, accuracy,
completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other
aspect of any Third Party Content. Haivision does not warrant or endorse and does not assume and
will not have any liability or responsibility to You or any other person for any Third Party content.
You agree that any Third Party Content may contain proprietary information and material that is
protected by applicable intellectual property and other laws, including but not limited to copyright,
and that you will not use such proprietary content, information or materials in any way whatsoever
except for permitted uses of the Third Party Content.
6.8. Third Party Royalties.
Your further reuse, retransmission, rebroadcast, display or other distribution of
your Third Party Content using the Product may require that you obtain a license from and / or pay
royalties to the owners of certain third party audio and video formats. You are solely responsible for
obtaining such licenses and paying such royalties.
6.9. Governing Law/Submission to Jurisdiction.
This Agreement shall be governed by and construed in
accordance with the laws of the Province of Québec, Canada and the Laws of Canada applicable
therein (excluding any conflict of laws rule or principle, foreign or domestic), exclusive of the U.N.
Convention on the International Sale of Goods. You hereby consent to the jurisdiction of any provin-
cial or federal court located within the Province of Quebec and waive any objection which You may
have based on improper venue or forum non conveniens to the conduct of any proceeding in any
such court.
6.10. Severability.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary
to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the
original provision to the fullest extent allowed by law and the remaining provisions of this
Agreement shall remain in full force and effect.
6.11. Force Majeure.
Neither party shall be liable to the other party for any failure or delay in performance to
the extent that such delay or failure is caused by fire, flood, explosion, war, terrorism, embargo,
government requirement, labor problems, export controls, failure of utilities, civil or military
authority, act of God, act or omission of carriers or other similar causes beyond its control. If any
such event of force majeure occurs, the party delayed or unable to perform shall give immediate
notice to the other party, and the party affected by the other's delay or inability to perform may elect,
at its sole discretion, to terminate this Agreement or resume performance once the condition ceases,
with an option in the affected party to extend the period of this Agreement up to the length of time
the condition endured. Unless written notice is given within 30 calendar days after the affected party
is notified of the condition, the latter option shall be deemed selected. During an event of force
majeure, the affected party shall exercise reasonable effort to mitigate the effect of the event of force
majeure.
6.12. Entire Agreement.
This Agreement, together with the Entitlement and all other documents that are incor-
porated by reference herein, constitutes the sole and entire agreement between Haivision and You
with respect to the subject matter contained herein, and supersedes all prior and contemporaneous
understandings, agreements, representations and warranties, both written and oral, with respect to
such subject matter.
6.13. Language.
The parties confirm that it is their wish that this Agreement, together with the Entitlement and
any other documents relating hereto, have been and shall be drawn up in the English language only.
Les parties conferment que c’est leur volonte expresse que ce contrat et tous documents y etant
relative, y compris les bons de commande, le avis, le anneses, les autorisations, les pieces jointes et
les amendments solent rediges en langue anglais seulement.