Pinnacle MediaCenter
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3. Export Restrictions.
The export and re-export of Pinnacle software products
are controlled by the United States Export Administration Regulations and such
software may not be exported or re-exported to any country to which the United
States embargoes goods. In addition, Pinnacle software may not be distributed
to persons on the Table of Denial Orders, the Entity List, or the List of Specially
Designated Nationals. By downloading or using a Pinnacle software product
you are certifying that you are not a national of any country to which the United
States embargoes goods and that you are not a person on the Table of Denial
Orders, the Entity List, or the List of Specially Designated Nationals.
4. Ownership.
The license granted hereunder does not constitute a transfer or
sale of ownership rights in or to the Software. Except for the license rights
granted above, Pinnacle retains all right title and interest in and to the Software
including all intellectual property rights therein. The Software is protected by
applicable intellectual property laws, including United States copyright laws and
international treaties.
5. Third Party Proprietary Property.
This Software may contain the
proprietary property of others, which has been licensed to Pinnacle, your use of
the Software is expressly conditioned on your agreement not to remove any
copyright notices or other proprietary markings of the third party software.
6. Security.
You acknowledge and agree that in order to protect the integrity of
certain third party content, Pinnacle and/or its licensors may provide for
Software security related updates that will be automatically downloaded and
installed on your computer. Such security related updates may impair the
Software (and any other software on your computer which specifically depends
on the Software) including disabling your ability to copy and/or play "secure"
content, i.e. content protected by digital rights management. In such an event,
Pinnacle and/or its licensors shall use reasonable efforts to promptly post notices
on Pinnacle’s web site explaining the security update and providing instructions
to end-users for obtaining new versions or further updates of the Software that
restore access to secure content and related features.
7. Term and Termination.
This License shall be effective upon installation of
the Software and shall terminate upon the earlier of (a) your failure to comply
with any term of this License; (b) return, destruction or deletion of all copies of
the Software in your possession or (c) transfer of the Software and this License
to another party in accordance with Section 1(d). Pinnacle’s rights and your
obligations shall survive termination of this License.
8. Limited Warranty.
Pinnacle warrants to the original licensee that the
Software, as delivered, will perform in accordance with the accompanying
documentation for a period of 30 days from the date of the original purchase
(“Limited Warranty”). Pinnacle’s entire liability and your exclusive remedy for
breach of the preceding Limited Warranty shall be, at Pinnacle’s sole option,
repair or replacement of the Software that does not meet the warranty set forth
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