7
End user license agreement
6. LIMITATION OF LIABILITY
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL AUDIOVOX, OR ITS DEALERS BE LIABLE
FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF
BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS)
REGARDLESS OF CAUSE OR FORM OF ACTION, INCLUDING
CONTRACT, TORT, OR NEGLIGENCE, ARISING OUT OF YOUR
USE OF OR INABILITY TO USE THE PROGRAM, EVEN IF
AUDIOVOX HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. BECAUSE SOME STATES AND
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY OF CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
(b) YOU ASSUME RESPONSIBILITY FOR THE SELECTION OF THE
APPROPRIATE PROGRAM TO ACHIEVE YOUR INTENDED
RESULTS, AND FOR THE INSTALLATION, USE, AND RESULTS
OBTAINED.
7. WINDOWS MEDIA
The software embedded within your A/V Device (the “Device
Firmware”) contains software licensed from Microsoft that
enables you to play Windows Media Audio (WMA) files (“WMA
Software”). The WMA Software is licensed to you for use with
your A/V Device under the following conditions. By installing
and using this version of the Device Firmware, you are agreeing
to these conditions. IF YOU DO NOT AGREE TO THE END USER
CONDITIONS OF THIS SECTION 7, DO NOT INSTALL OR USE THIS
VERSION OF THE DEVICE FIRMWARE.
The WMA Software is protected by copyright and other
intellectual property laws. This protection also extends to
documentation for the WMA Software, whether in written or
electronic form.
GRANT OF LICENSE: The WMA Software is only licensed to you
as follows:
You may use this version of the Device Firmware containing the
WMA Software only as such use relates to your A/V Device.
You may not reverse engineer, decompile, or disassemble the
WMA Software, except and only to the extent that such activity
is expressly permitted by applicable law.
You may transfer your right to use the Device Firmware only as
part of a sale or transfer of your A/V Device, on the condition
that the recipient agrees to the conditions set forth herein. If
the version of the Device Firmware that you are transferring is an
upgrade, you must also transfer all prior versions of the Device
Firmware that you have which include the WMA Software.
MICROSOFT IS NOT PROVIDING ANY WARRANTY OF ANY KIND
TO YOU FOR THE WMA SOFTWARE, AND MICROSOFT MAKES NO
REPRESENTATION CONCERNING THE OPERABILITY OF THE WMA
SOFTWARE.
The WMA Software is of U.S. origin. Any export of this version of
the Device Firmware must comply with all applicable
international and national laws, including the U.S. Export
Administration Regulations, that apply to the WMA Software
incorporated in the Device Firmware.
Content owners use Windows Media digital rights management
technology (“WMDRM”) to protect their intellectual property,
including copyrights. This device uses WMDRM software to
access WMDRM-protected content. If the WMDRM software fails
to protect the content, content owners may ask Microsoft to
revoke the software’s ability to use WMDRM to play or copy
protected content. Revocation does not affect unprotected
content. When you download licenses for protected content,
you agree that Microsoft may include a revocation list with the
licenses. Content owners may require you to upgrade WMDRM
to access their content. If you decline to accept an upgrade, you
will not be able to access content that requires the upgrade.
8. THIRD PARTY SOFTWARE
ANY THIRD PARTY SOFTWARE THAT MAY BE PROVIDED WITH THE
PROGRAM IS INCLUDED FOR USE AT YOUR OPTION. IF YOU
CHOOSE TO USE SUCH THIRD PARTY SOFTWARE, THEN SUCH
USE SHALL BE GOVERNED BY SUCH THIRD PARTY'S LICENSE
AGREEMENT, AN ELECTRONIC COPY OF WHICH WILL BE
INSTALLED IN THE APPROPRIATE FOLDER ON YOUR COMPUTER
UPON INSTALLATION OF THE SOFTWARE. AUDIOVOX IS NOT
RESPONSIBLE FOR ANY THIRD PARTY’S SOFTWARE AND SHALL
HAVE NO LIABILITY FOR YOUR USE OF THIRD PARTY SOFTWARE.
9. GOVERNING LAW
If you acquired this A/V Device in the United States, this EULA
shall be governed and construed in accordance with the laws of
the State of Indiana, U.S.A. without regard to its conflict of laws
principles. If you acquired this A/V Device outside the United
States or the European Union, then local law may apply.
10. GENERAL TERMS
This EULA can only be modified by a written agreement signed
by you and AUDIOVOX, and changes from the terms and
conditions of this EULA made in any other manner will be of no
effect. If any portion of this EULA shall be held invalid, illegal, or
unenforceable, the validity, legality, and enforceability of the
remainder of the Agreement shall not in any way be affected or
impaired thereby. This EULA is the complete and exclusive
statement of the agreement between you and AUDIOVOX,
which supersedes all proposals or prior agreements, oral or
written, and all other communications between you and
AUDIOVOX, relating to the subject matter of this hereof.
AUDIOVOX’S Licensors shall be considered third party
beneficiaries of this Agreement and shall have the right to
enforce the terms herein.
“AUDIOVOX SUBSIDIARY” shall mean any person, corporation, or
other organization, domestic or foreign, including but not
limited to subsidiaries, that is directly or indirectly controlled by
Audiovox Corporation including, but not limited to, Audiovox
Consumer Electronics, Inc. and Audiovox Electronics
Corporation. For purposes of this definition only, the term
“control” means the possession of the power to direct or cause
the direction of the management and policies of an entity,
whether by ownership of voting stock or partnership interest, by
contract, or otherwise, including direct or indirect ownership of
at least fifty percent (50%) of the voting interest in the entity in
question.
