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End user license agreements (eulas), End user license agreements 171 – Toshiba Portege G810 User Manual

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End User License Agreements

171

End User License Agreements (EULAs)

ABOVE. IN NO EVENT WILL ARCSOFT BE

LIABLE TO YOU OR ANY OTHER PERSON

FOR ANY DAMAGES, INCLUDING ANY

INCIDENTAL OR CONSEQUENTIAL

DAMAGES, EXPENSES, LOST PROFITS,

LOST SAVINGS, OR OTHER DAMAGES

ARISING OUT OF USE OF OR INABILITY TO

USE SUCH SOFTWARE.

5. No Liability for Consequential Damages. In

no event shall ArcSoft be liable for any damages

whatsoever (including but not limited to damages

for loss of business profits, business interruption,

loss of business information, or any other

pecuniary loss) which results from an inability to

use this Software, even if ArcSoft, Inc. has been

advised of the possibility of such damages.

Because some states/jurisdictions do not allow

the exclusion or limitation of consequential or

incidental damages, the above limitations may

not apply to you.

6. Export. Subject to permission of the appropriate

United States or foreign licenses, export or re-

export the product incorporating the Software is

able to be made.

7. U.S. Government Restricted Rights. If you are

a unit or agency of the United States

government, the Software and related

documentation are deemed to be "commercial

computer software" and "commercial computer

software documentation," respectively, pursuant

to DFAR Section 227.7202 and FAR Section

12.212(b), as applicable. Any use, modification,

reproduction, release, performing, displaying or

disclosing of the Software and/or the related

documentation by the United States government

shall be governed solely by the terms of this

Agreement and shall be prohibited except to the

extent expressly permitted by the terms of this

Agreement. Any technical data provided that is

not covered by the above provisions is deemed

to be "technical data commercial items" pursuant

to DFAR Section 227.7015(a). Any use,

modification, reproduction, release, performing,

displaying or disclosing of such technical data

shall be governed by the terms of DFAR Section

227.7015(b).

8. High Risk Activities. The Software is not fault-

tolerant and is not designed or intended for use

in hazardous environments requiring fail-safe

performance, or any other application in which

the failure of the Software could lead directly to

death, personal injury, or severe physical or

property damage (collectively, "High Risk

Activities"). ARCSOFT EXPRESSLY