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Audio Damage Basic User Manual

Page 4

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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 Colorado, 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. !

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