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3. Termination
This License is effective until terminated. This License will terminate immediately without notice from
NEWTEK, or by judicial resolution, if you fail to comply with any provision of this License. Upon such
termination you must destroy the Software, all accompanying written materials and all copies thereof. You
may also terminate this License at any time by destroying the Software, all accompanying written materials
and all copies thereof.
4. Export Law Assurances.
You agree to comply with all applicable export/import laws and regulations when using or transferring this
software. You agree that neither the Software nor any direct product thereof is being or will be shipped,
transferred or re-exported, directly or indirectly, into any country prohibited by the United States Export
Administration Act and the regulations thereunder or will be used for any purpose prohibited by the Act.
Any violation of this provision will terminate the license and void the transfer.
5. Limited Warranty and Disclaimer, Limitation of Remedies and Damages.
YOU ACKNOWLEDGE THAT THE SOFTWARE MAY NOT SATISFY ALL YOUR REQUIREMENTS OR BE FREE
FROM MINOR DEFECTS. NEWTEK WARRANTS THE DISCS OR OTHER TANGIBLE STORAGE MEDIA
PROVIDED, IF ANY, ON WHICH THE SOFTWARE IS RECORDED. TO BE FREE FROM DEFECTS IN MATERIALS
AND WORKMANSHIP UNDER NORMAL USE FOR 90 DAYS FROM PURCHASE.
ALL IMPLIED WARRANTIES RELATING TO THE PRODUCT SOFTWARE ARE DISCLAIMED (INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). YOUR
EXCLUSIVE REMEDY FOR BREACH OF WARRANTY WILL BE THE REPLACEMENT OF THE MEDIA OR
REFUND OF THE PURCHASE PRICE. IN NO EVENT WILL NEWTEK OR ITS DEVELOPERS, SHAREHOLDERS,
DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL,
INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), WHETHER FORESEEABLE OR
UNFORESEEABLE, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING
WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF NEWTEK OR AN
AUTHORIZED NEWTEK REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF THIS IS AN EVALUATION OR BETA VERSION, YOU ACKNOWLEDGE THAT THE SOFTWARE AND
ACCOMPANYING MATERIALS ARE ACCEPTED “AS IS” AND MAY NOT BE FREE FROM DEFECTS.
NEWTEK DISCLAIMS ANY IMPLIED OR OTHER WARRANTY OF TITLE. NEWTEK EXPRESSLY DOES NOT
WARRANT THAT THE SOFTWARE DOES NOT INFRINGE ANY PATENT, TRADEMARK, COPYRIGHT OR
OTHER INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY THIRD PARTY, AND SUCH WARRANTY OR
ANY OTHER WARRANTY OF TITLE IS EXPRESSLY DISCLAIMED. THIS EXCLUSION OF WARRANTY AGAINST
INFRINGEMENT IS INAPPLICABLE WHERE SUCH EXCLUSION IS PROHIBITED BY LAW.
NO WARRANTIES OF ANY KIND APPLY TO THE X264 SOFTWARE.
SPECIAL WARRANTY TERMS APPLY TO AUSTRALIA, SEE BELOW.
Other Legal Disclosures and Limitations. The above warranty is exclusive and in lieu of all other warranties,
express or implied. Because some states and jurisdictions have different laws that are ever-changing, and
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