AJA CamXchange - Manual (Page 16)

AJA CamXchange Application v1.1 www.aja.com 16
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event
shall AJA's total liability to you for all damages (other than as may be required by
applicable law in cases involving personal injury) exceed the amount of fifty dollars
($50.00). The foregoing limitations will apply even if the above stated remedy fails of its
essential purpose.
8. Export Law Assurances. You may not use or otherwise export or reexport the AJA
Software except as authorized by United States law and the laws of the jurisdiction in
which the AJA Software was obtained. In particular, but without limitation, the AJA
Software may not be exported or re-exported (a) into (or to a national or resident of ) any
U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria)
or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals
or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the AJA
Software, you represent and warrant that you are not located in, under control of, or a
national or resident of any such country or on any such list.
9. Government End Users. The AJA Software and related documentation are “Commercial
Items”, as that term is defined at 48 C.F.R. ¤2.101, consisting of “Commercial Computer
Software” and “Commercial Computer Software Documentation”, as such terms are used
in 48 C.F.R. ¤12.212 or 48 C.F.R. ¤227.7202, as applicable. Consistent with 48 C.F.R. ¤12.212
or 48 C.F.R. ¤227.7202-1through 227.7202-4, as applicable, the Commercial Computer
Software and Commercial Computer Software Documentation are being licensed to U.S.
Government end users (a) only as Commercial Items and (b) with only those rights as are
granted to all other end users pursuant to the terms and conditions herein. Unpublished-
rights reserved under the copyright laws of the United States.
10. Controlling Law and Severability. This License will be governed by and construed in
accordance with the laws of the State of California, as applied to agreements entered into
and to be performed entirely within California between California residents. This License
shall not be governed by the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly excluded. If for any
reason a court of competent jurisdiction finds any provision, or portion thereof, to be
unenforceable, the remainder of this License shall continue in full force and effect.
11. Complete Agreement; Governing Language. This License constitutes the entire
agreement between the parties with respect to the use of the AJA Software licensed
hereunder and supersedes all prior or contemporaneous understandings regarding such
subject matter. No amendment to or modification of this License will be binding unless
in writing and signed by AJA. Any translation of this License is done for local
requirements and in the event of a dispute between the English and any non-English
versions, the English version of this License shall govern.