Audio Damage Eos - Manual (Page 4)

been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (d) is used in
ultrahazardous activities.
DISCLAIMER. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A
COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY
APPLICABLE LAW.
IN NO EVENT WILL AUDIO DAMAGE OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR
DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER
CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SOFTWARE EVEN IF AUDIO DAMAGE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. In no event shall Audio Damage's or its suppliers' liability to Customer, whether in
contract, tort (including negligence), or otherwise, exceed the price paid by Customer. The foregoing
limitations shall apply even if the above-stated warranty fails of its essential purpose. SOME STATES DO NOT
ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
The above warranty DOES NOT apply to any beta software, any software made available for testing or
demonstration purposes, any temporary software modules or any software for which Audio Damage does not
receive a license fee. All such software products are provided AS IS without any warranty whatsoever.
This License is effective until terminated. Customer may terminate this License at any time by destroying all
copies of Software including any documentation. This License will terminate immediately without notice from
Audio Damage if Customer fails to comply with any provision of this License. Upon termination, Customer
must destroy all copies of Software.
Software, including technical data, is subject to U.S. export control laws, including the U.S. Export
Administration Act and its associated regulations, and may be subject to export or import regulations in other
countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the
responsibility to obtain licenses to export, re-export, or import Software.
This License shall be governed by and construed in accordance with the laws of the State of Illinois, United
States of America, as if performed wholly within the state and without giving effect to the principles of conflict
of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License
shall remain in full force and effect. This License constitutes the entire License between the parties with
respect to the use of the Software.