Medialon MIP HD, Руководство пользователя

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MEDIALON SA does not warrant that the functions contained in the Software will meet your all
requirements or that the operation of the Software will be error free or uninterrupted.
Your exclusive remedy for breach of MEDIALON SA warranty shall be (i) in case of defects in the media,
the replacement by MEDIALON SA of any magnetic media not meeting the warranty and (ii) in case of
any defect in the Software, MEDIALON SA shall use reasonable efforts to provide maintenance,
modifications or fixes in a timely manner, or at its option replace the Software, provided the Software
is returned with a copy of your receipt. This limited warranty is void if failure of the Software has
resulted from accident, abuse, alteration or misapplication. Any replacement Software will be
warranted for the remainder of the original warranty period two (2) months, whichever is longer.
MEDIALON SA is not responsible for problems caused by changes in, or modifications to, the operating
characteristics of any computerhardware or operating system for which the Software or any upgrade
or update is procured, nor is MEDIALON SA for problems which occurs as a result of the use of the
Software in conjunction with software of third parties or with hardware which is incompatible with the
operating system for which the Software is being procured.
Infringement
MEDIALON SA, at its own expense, will indemnify and defend you against any action brought against
you to the extent that it is based on a claim that the Software or any upgrade or update of the Software
used within the scope of this Agreement infringes any French patent or copyright provided that
MEDIALON SA is promptly notified in writing of such claim. MEDIALON SA shall have the right to control
the defense of all such claims, lawsuits, and other proceedings. In no event may you settle any such
claim, lawsuit, or proceeding without MEDIALON SA's prior written approval. MEDIALON SA shall have
no liability for any claim under this section if a claim for a French patent or copyright infringement is
based on the use of a superseded or altered version of the Software if such infringement would have
been avoided by use of the latest unaltered version of the Software made available to you, or in the
event such claim is based upon any modification or enhancement to the Software made by you or on
your behalf. In the event a third party infringement claim is sustained in a final judgment from which
no further appeal is taken or possible, or if your use of the Software is enjoined by a court, then
MEDIALON SA shall, in its sole election and at its expense either (i) procure for you the right to
continue to use the Software pursuant to this Agreement; (ii) replace or modify the Software to make
it non-infringing; or if (i) and (ii) are not reasonably feasible, (iii) terminate this Agreement and refund
to you the depreciated value of the Software, based on straight line depreciation over a period of 5
years. The foregoing obligations state MEDIALON SA's entire liability and your exclusive remedy of and
MEDIALON SA shall have no other liability or obligation with respect to any actual or alleged
infringement of any intellectual property rights under this Agreement
Limitation of liability
MEDIALON SA's entire liability to you or another party for any loss or damage resulting from any
claims, demands or actions arising out of this Agreement shall not exceed the license fee paid to
MEDIALON SA for the Software ("License Fee"), net of dealer or distributor margins, notwithstanding
any failure of essential purpose of any limited remedy.
No other warranties
Except for the express warranty provided under heading Limited Warranty above, the Software and its
related documentation are provided "As Is" and without a warranty of any kind, whether express,
implied, statutory and MEDIALON SA specifically disclaims the implied warrantues, terms or conditions
of merchantability, non-infringement and fitness for a particular purpose.
No liability for consequential damages
ACCORDING TO DANGEROUSNESS OF CERTAIN KIND OF EQUIPMENTS WHICH CAN BE CONTROLED
BY THE SOFTWARE, THE LIABILITY OF MEDIALON SA IS SUBMITTED TO THE STRICT COMPLIANCE
WITH THE MANDATORY SAFETY RULES AS DESCRIBED INTO THE SOFTWARE DOCUMENTATION.
Save as otherwise provided by law, in no event and more particularly in case of breach of the safety
rules as described into the Software documentation, shall MEDIALON SA be held liable for any special,
indirect or accessory damage, of any nature whatsoever, including without limitation body or material
injury, loss of profit, interruption of activity, loss of information or other pecuniary losses which may
result from the use or the impossibility to use the Software, and this even if the company MEDIALON
SA has been notified of the possibility of such prejudice.