AJA CamXchange - Manual (Page 15)

AJA CamXchange Application v1.1 www.aja.com 15
4. Termination. This License is effective until terminated. Your rights under this License
will terminate automatically without notice from AJA if you fail to comply with any
term(s) of this License. Upon the termination of this License, you shall cease all use of the
AJA Software and destroy all copies, full or partial, of the AJA Software.
5. Limited Warranty on Media. AJA warrants the media on which the AJA Software is
recorded and delivered by AJA to be free from defects in materials and workmanship
under normal use for a period of ninety (90) days from the date of original retail purchase.
Your exclusive remedy under this Section shall be, at AJA’s option, a refund of the
purchase price of the product containing the AJA Software or replacement of the AJA
Software which is returned to AJA or an AJA authorized representative with a copy of the
receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF
SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN
DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET
FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY
OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS
LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE
OTHER RIGHTS WHICH VARY BY JURISDICTION.
6. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF
THE AJA SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT
FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THE AJA SOFTWARE IS PROVIDED “AS IS”, WITH
ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AJA AND AJA'S LICENSORS
(COLLECTIVELY REFERRED TO AS “AJA” FOR THE PURPOSES OF SECTIONS 6 AND 7)
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE AJA
SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF
SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF
QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AJA DOES NOT
WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE AJA SOFTWARE,
THAT THE FUNCTIONS CONTAINED IN THE AJA SOFTWARE WILL MEET YOUR
REQUIREMENTS, THAT THE OPERATION OF THE AJA SOFTWARE WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT DEFECTS IN THE AJA SOFTWARE WILL BE CORRECTED. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AJA OR AN AJA AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE AJA SOFTWARE PROVE
DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO
THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL
AJA BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY
OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE
OR INABILITY TO USE THE AJA SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE
THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF AJA HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR