c. You agree that NewTek may share certain information about the use and performance of the TalkShow
system with Skype™ and Microsoft
d. As with other software licensed elsewhere in this License, your license of the TalkShow software is
limited to the object code only, and all othe provisions of this license apply, including those in paragraph two.
e. You are further prohibited from any transfer, assignment, or sublicensing of the TalkShow software.
Limited Hardware Warranty
This limited warranty covers only the hardware portion of the Product and extends to the original purchaser
only. Software with the Product, installed or uninstalled, is licensed to you, not sold, under the separate
license agreement, above, that has its own limited warranty terms.
Except for Factory Reconditioned products dealt with hereafter, NewTek warrants that for a period of one
(1) year from the date or your original purchase of the Product the hardware shall be free from defects in
material and workmanship, subject to the limitations herein. If a defect is determined to be covered by this
warranty as determined by NewTek, NewTek will correct it, and may do so using new or remanufactured
components.
IF THIS IS AN EVALUATION OR BETA VERSION, YOU ACKNOWLEDGE THAT THE HARDWARE AND
MATERIALS ARE ACCEPTED “AS IS” AND MAY NOT BE FREE FROM DEFECTS.
IF THIS PRODUCT IS A FACTORY RECONDITIONED PRODUCT, THE WARRANTY IS LIMITED TO NINETY (90)
DAYS. All other terms of the Limited Warranty apply, including exclusions. A Factory Reconditioned product
is a refurbished product that has been used and/or returned as trade in or for other reasons. Such products
may have replacement parts that are used. Factory Reconditioned products (sometimes referred to as B
Stock) will be noted on the Product and/or accompanying product literature as Factory Reconditioned, or
with the “B” notation on the front label and/or at initial sign in.
LIMITATIONS ON WARRANTY AND LIMITATIONS ON NewTek’s Liability. NewTek’s obligations are only as
expressly stated herein. NewTek is not liable for loss or damage for inconvenience or interruption of service,
loss of business, data or anticipatory profits, or consequential, incidental or punitive damages resulting from
the use (or operation) of any of the Product. NewTek’s liability is limited solely to the repair or replacement
of the defective Product. NewTek is under no obligation or responsibility to enhance or update the product.
This warranty does not cover damage or malfunctions resulting from improper handling, accident, misuse,
abuse, neglect, electrical surges, failure of electrical power, use with other products not manufactured or
approved by NewTek, installation or removal charges or damages, damage while in transit for repair, repair
attempted by any unauthorized person, or any other reason not due to defects in materials and
workmanship. This warranty is also void if any applicable serial number has been altered, defaced, or
removed, OR IF THE PRODUCT WAS PURCHASED UNDER FRAUD OR FALSE PRETENSES.
The hardware and software in this product are designed to work in conjunction with each other. Any
termination of the Software License, and any use of the software, or any portion of the software, not in
conjunction with the hardware, will void all warranties and any technical support service otherwise
available.
TO THE BEST OF NEWTEK’S KNOWLEDGE, NEITHER THE SOFTWARE NOR THE HARDWARE OF THE
PRODUCT INFRINGE ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY
RIGHTS OF ANY THIRD PARTY; NO WARRANTY IS PROVIDED AGAINST SUCH INFRINGEMENT OR CLAIMS