ClearOne Impress IM100 User Manual - Manual (Page 81)

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WARRANTY DISCLAIMER AND LIMITATIONS OF LIABLITY
THIS SOFTWARE IS PROVIDED “AS IS” AND WITH ANY DEFECTS. EXCEPT FOR THE LIMITED
WARRANTY ABOVE, CLEARONE MAKES NO WARRANTIES OF ANY DESCRIPTION, EITHER
EXPRESS OR IMPLIED, REGARDING THE SOFTWARE OR THE DOCUMENTATION, AND
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL CLEARONE BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING
LOST PROFIT WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY. CLEARONE’S LIABILITY IS LIMITED SOLELY TO THE REPLACEMENT OF DEFECTIVE
DISKS AS DESCRIBED ABOVE AND SHALL NOT IN ANY EVENT INCLUDE DAMAGES FOR
LOSS OF USE OR LOSS OF ANTICIPATED PROFITS OR BENEFITS OR OTHER INCIDENTAL
OR CONSEQUENTIAL COSTS OR EXPENSES INCLUDING DAMAGES DUE TO DATA OR
INFORMATION THAT MAY BE LOST OR RENDERED INACCURATE, EVEN IF CLEARONE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE RISK AS TO THE RESULTS AND
PERFORMANCE OF THIS SOFTWARE IS ASSUMED BY YOU. SHOULD THIS PROGRAM PROVE
DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION. IN NO EVENT AND UNDER NO THEORY OF RECOVERY SHALL CLEARONE BE
LIABLE FOR ANY AMOUNT OVER THE PURCHASE PRICE OF THE LICENSED SOFTWARE. Some
states do not allow a limitation on how long an implied warranty lasts, or limitation of incidental or
consequential damages, so the above limitations or exclusions may not apply to you. This warranty
gives you specific legal rights, and you may also have other rights which vary from state to state.
TERMINATION
ClearOne may terminate your license at any time, with or without cause. Upon termination (or
expiration of the evaluation period, as applicable), you must immediately destroy or return the
Software, together with all copies, adaptations and merged portions in any form.
EXPORT REQUIREMENTS
You may not export or re-export the Software or any copy or adaptation in violation of any applicable
laws or regulations.
LICENSE RESTRICTIONS
The licensed software and all associated documentation, and all proprietary and intellectual property
rights therein, are and shall remain the exclusive property of ClearOne. Licensee agrees not to (a)
modify, adapt, alter, translate, or create derivative works from the licensed software or associated
documentation, except with the prior written consent of ClearOne. Any modifications made to the
software or derivative works shall be the exclusive property of ClearOne, including all intellectual
property and other rights therein. You shall execute any documents and otherwise cooperate with
ClearOne at ClearOne’s expense, as necessary to enable CLEARONE COMMUNICATIONS, INC
to protect such right. (b) reverse engineer, de-compile, disassemble or un-assemble in any way
the licensed software; or (c) distribute or disclose to others the licensed software or associated
documentation.