Honestech nScreen Deluxe User Manual

Page 3

nScreen

™ Deluxe 3

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 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.

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 New Jersey, 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.

Pleas 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 New Jersey, 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.

This manual is related to the following products:

nScreen Deluxe (Mac OS)