Honestech Stopmotion Studio 4.0 User Manual

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Stopmotion Studio™ 4.0

5. Limited Warranty

a. Licensor does not warrant that the functions contained in the Licensed Product and Hardware will

meet Licensee’s requirements or that the operation of the Software and Hardware will be
uninterrupted or error-free. Licensor does warrant that the media on which the Software is furnished

and the hardware will be free from defects in materials and workmanship under normal use for a

period of thirty (30) days for software and ninety (90) days for hardware from the date of purchase
and/or delivery (“Warranty Period”). This Limited Warranty is void of failure of the media on which the
Software is furnished has resulted from accident, abuse, or misapplications.

EXCEPT AS PROVIDED ABOVE, THE LICENSED PRODUCT IS PROVIDED “AS IS” WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO,

IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,

AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICNESED

PRODUCT AND HARDWARE IS WITH LICENSE.

6. Limitation of Liability

Licensor’s sole obligation or liability and licensee’s exclusive remedy under this agreement shall be
the replacement of the defective media on which the software is furnished and/or the hardware

according to the limited warranty above.

b. In no event will licensor be liable for any consequential, incidental or indirect damages including,

without limitation, any loss of data or information, loss of profits, loss savings, business interruption

or other pecuniary loss, arising out of use of or liability to use the software or documentation or any

hardware, even if licensor has been advised of the possibility of such damages, or for any claim by

any third party.

7. General

a. Any Software and Hardware provided to Licensee by Licensor shall not be exported or re-exported in

violation of any export provisions of the United States or any other applicable jurisdiction. Any

attempt to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void.

This Agreement shall be governed by and interpreted under the laws of the State of Texas, United

States of America, without regard to its conflicts of law provisions. Licensor and Licensee agree that

the U.N. Convention on Contracts for the International Sales of Goods shall not apply to this License

Agreement.

b. This License Agreement may only be modified or amended by a written license addendum that

accompanies this License Agreement or by written document that has been signed by both you and

Licensor. Site licenses and other types of enterprise licenses are available upon request. Please

contact Licensor or your supplier for further information.

c. Any controversy or claim arising out of or relating to this Agreement, or the breach of this Agreement,

shall be settled by arbitration administered by the American Arbitration Association in accordance

with its Commercial Arbitration Rules and Judgment upon the award rendered by the arbitrator may

be entered in any court having jurisdiction thereof. The arbitration shall be held in Texas, United

States of America.

If you have any other questions concerning this License Agreement, or if you desire to contact Licensor for any

reason, please contact Honest Technology.

Honest Technology Inc.