mcdsp.com
Page vii
McDSP
Limited Warranty:
McDowell Signal Processing, Limited Liability Company warrants that the media on which the Software
is distributed will be free from defects. Your sole remedy in the event of a breach of this warranty will be
that McDowell Signal Processing, Limited Liability Company will, at its option, replace any defective media.
McDowell Signal Processing, Limited Liability Company does not warrant that the Software will meet your
requirements or that the operation of the Software will be uninterrupted or that the Software will be
error-free. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER
EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON INFRINGEMENT. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
Disclaimer of Damages:
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO
EVENT WILL McDowell Signal Processing, Limited Liability Company BE LIABLE TO YOU FOR ANY SPECIAL,
CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING
OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF McDowell Signal Processing, Limited Liability
Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO CASE SHALL McDowell Signal Processing,
Limited Liability Company’s LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE. The disclaimers and
limitations set forth above will apply regardless of whether you accept the Software.
U.S. Government Restricted Rights:
RESTRICTED RIGHTS LEGEND: Use, duplication, or disclosure by the Government is subject to restrictions as
set forth in subparagraph (c) (1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS
252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Software Restricted Rights clause at 48 CFR
52.227-19, as applicable, McDowell Signal Processing, Limited Liability Company, Mountain View, CA 94043
([email protected]).
General:
This Agreement will be governed by the laws of the State of California. This Agreement may only be modified
by a license addendum which accompanies this license or by a written document which has been signed both
by you and McDowell Signal Processing, Limited Liability Company. Should you have any questions concerning
this Agreement, or if you desire to contact McDowell Signal Processing, Limited Liability Company for any
reason, please email: [email protected]. By downloading, using, or copying this Binary Software, Licensee
agrees to abide by the intellectual property laws, and all other applicable laws of the U.S., and the terms of
this License. Ownership of the software shall remain solely in McDowell Signal Processing, Limited Liability
Company.
