3DLABS Oxygen VX1-1600SW - Manual (Page 35)

Software License
3Dlabs Oxygen VX1-1600SW User's Guide 25
Limited Warranty
3Dlabs, Inc. warrants that the SOFTWARE AND FEATURES licensed to you under this AGREEMENT
will perform in accordance with 3Dlabs, Inc. published specifications for use on the same operating system as
used by you at the time of purchase of the SOFTWARE or the system on which the SOFTWARE is initially
mounted or installed (WARRANTY) for a period of ninety (90) days after the date of delivery to you as
evidenced by your receipt (WARRANTY PERIOD). If the SOFTWARE or FEATURES does not conform
during the WARRANTY PERIOD, you agree to provide written notice of such failure to 3Dlabs, Inc. and
3Dlabs, Inc. will, at its sole option, repair or replace the SOFTWARE. 3Dlabs, Inc. does not warrant that the
use of the SOFTWARE or FEATURES will be uninterrupted or error- free and hereby disclaims all liability
on account thereof. THE REMEDIES PROVIDED HEREIN ARE YOUR SOLE AND EXCLUSIVE
REMEDIES FOR BREACH OF WARRANTY. THIS WARRANTY IS IN LIEU OF ALL OTHER
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A
PARTICULAR PURPOSE. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU.
Limited Liability
NOTWITHSTANDING ANY PROVISION IN THIS LICENSE TO THE CONTRARY, NEITHER
3DLABS, INC. NOR ITS LICENSORS OR SUPPLIERS WILL BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, OR ANY
THEORY OF LIABILITY, WHETHER OR NOT 3DLABS, INC., ITS LICENSORS OR SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT
SHALL 3DLABS, INC., ITS LICENSORS’ OR SUPPLIERS’ LIABILITY ARISING UNDER THIS
LICENSE EXCEED THE AMOUNT PAID BY YOU [FOR THE PRODUCT OR SOFTWARE]
GIVING RISE TO SUCH LIABILITY. THIS LIMITATION IS INTENDED TO LIMIT THE
LIABILITY OF 3DLABS, INC., ITS LICENSORS OR ITS SUPPLIERS AND SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME STATES OR COUNTRIES MAY NOT ALLOW THE FOREGOING LIMITATION, SO THE
FOREGOING MAY NOT APPLY TO YOU.
Restricted Rights Notice
Use, duplication or disclosure by the United States Government is subject to restrictions as set forth in
subparagraphs ©(1) and ©(2) of the Commercial Computer Software - Restricted Rights clause at FAR
Section 52.277-19 or ©(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS
Section 252.277-7013, as applicable. Unpublished - rights reserved under the copyright laws of the United
States. Contractor: 3Dlabs Inc., Ltd., 480 Potrero Avenue, Sunnyvale, California 94086.
Termination
You may terminate the license granted hereunder at any time by destroying all copies, [mergers or
modifications] of the SOFTWARE, FEATURES and accompanying materials. 3Dlabs, Inc. may immediately
terminate the license granted to you hereunder upon notice for failure to comply with the terms and
conditions of this AGREEMENT. Upon such termination, you agree to destroy all copies, mergers and
modifications of the SOFTWARE and FEATURES and accompanying documents. You agree that a breach
of this AGREEMENT will result in irreparable damages to 3Dlabs, Inc. This AGREEMENT is the entire
agreement between you and 3Dlabs, Inc. with respect to the use and licensing of the SOFTWARE provided
with this AGREEMENT, and supersedes all proposals, warranties, prior agreements or any other
communications between the parties relating to the subject matter hereof.