Honestech Photo DVD 4.0 - Manual (Page 3)

3. Photo DVD ™ 4.0
2. Copyright and Trade Secrets. All rights in and to the Licensed Product including,
but not limited to, copyrights and trade secrets rights, belong to Licensor, and
Licensor holds title to each copy of the Software. The licensed Product is protected
by United States Copyright Laws and international treaty Provisions.
3. Term. This License Agreement is effective until terminated. Licensee may terminate
this License Agreement if Licensee breaches any of the terms and conditions herein.
Upon termination of this License Agreement for any reason, Licensee shall return to
Licensor or otherwise destroy the Licensed Product and all copies of the Licensed
Product. Upon request of Licensor, Licensee agrees to certify in writing that all
copies of the Software have been destroyed or returned to Licensor. All provisions
of this Agreement relating to disclaimers of warranties, limitation of liability,
remedies, or damages, and Licensor‟s proprietary rights shall survive termination.
4. Executable Code. The Software is delivered in executable code only. Licensee
shall not reverse engineer, compile or otherwise disassemble the Software.
5. Limited Warranty
a. Licensor does not warrant that the functions contained in the Licensed
Product and Hardwa
re 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 from the date of 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.
b. 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
a.
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