Epiphan Pearl Mini Live Video Production System with 512GB SSD (NA/JP) - Manual (Page 454)

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ITS OR THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND/OR DISTRIBUTORS MAKE ANY
REPRESENTATIONS OR PROVIDE ANY CONDITIONS AND/OR WARRANTIES ABOUT THE SUITABILITY OF THE
EPIPHAN HARDWARE PRODUCTS, SOFTWARE, SERVICES AND/OR DOCUMENTATION. NEITHER LICENSOR
NOR ANY OF ITS AFFILIATES NOR ANY ITS OR THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS,
RESELLERS AND/OR DISTRIBUTORS MAKE ANY REPRESENTATIONS OR PROVIDE ANY CONDITIONS AND/OR
WARRANTIES WHATSOEVER ABOUT ANY INFORMATION AND/OR DATA THAT MAY BE PROCESSED BY OR
MADE AVAILABLE USING ANY EPIPHAN HARDWARE PRODUCT AND/OR SOFTWARE OR ABOUT ANY THIRD-
PARTY SERVICE THAT MAY BE ACCESSIBLE USING ANY EPIPHAN HARDWARE PRODUCT AND/OR
SOFTWARE.
6. LIMITATION OF LIABILITY: NEITHER LICENSOR NOR ANY OF ITS AFFILIATES NOR ANY OF ITS OR THEIR
LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND/OR DISTRIBUTORS SHALL HAVE ANY
LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES ARISING FROM THIS
AGREEMENT, RELATING TO THE HARDWARE, SOFTWARE OR DOCUMENTATION, OR RELATING TO ANY
SERVICES PROVIDED TO YOU BY LICENSOR (INCLUDING ITS AFFILIATES AND ITS AND THEIR LICENSORS,
SUPPLIERS, SUBCONTRACTORS, RESELLERS AND/OR DISTRIBUTORS) IN RELATION TO THE EPIPHAN
HARDWARE PRODUCTS, SERVICES, SOFTWARE AND/OR DOCUMENTATION FOR ANY INDIRECT, RELIANCE,
INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT
LIMITED TO, LOSS OF REVENUE OR PROFIT, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION,
LOSS OF DATA, REPLACEMENT OR RECOVERY COSTS, OR OTHER COMMERCIAL OR ECONOMIC LOSS,
WHETHER ARISING FROM CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR
ANY OTHER THEORY OF LIABILITY, EVEN IF LICENSOR (INCLUDING ITS AFFILIATES AND ITS AND THEIR
LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND/OR DISTRIBUTORS) HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. THE LIMITATIONS IN THIS SECTION
SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL
CONDITION OR TERM OR FUNDAMENTAL BREACH. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THESE LIMITATIONS MAY
NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF LICENSOR (INCLUDING ITS
AFFILIATES AND ITS AND THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND
DISTRIBUTORS) TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES ARISING FROM THIS
AGREEMENT, RELATING TO THE EPIPHAN HARDWARE PRODUCTS, SOFTWARE, DOCUMENTATION AND/OR
RELATING TO ANY SERVICES PROVIDED TO YOU BY LICENSOR (INCLUDING ITS AFFILIATES AND ITS AND
THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND DISTRIBUTORS) IN RELATION TO THE
EPIPHAN HARDWARE PRODUCTS, SOFTWARE AND/OR DOCUMENTATION, EXCEED THE LICENSE FEES PAID
BY YOU FOR THE SOFTWARE.
NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, NEITHER LICENSOR NOR ANY OF ITS
AFFILIATES OR ITS OR THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND/OR
DISTRIBUTORS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY WHATSOEVER IN
RESPECT TO ANY DIRECT, INDIRECT, RELIANCE, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOSS OF OR
DAMAGE TO DATA, BUSINESS INTERRUPTION, LOSS OF DATA, REPLACEMENT OR RECOVERY COSTS, OR
OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING FROM OR RELATING TO ANY INFORMATION AND/OR
DATA THAT MAY BE PROCESSED BY OR MADE AVAILABLE USING ANY EPIPHAN HARDWARE PRODUCT
AND/OR SOFTWARE OR ARISING FROM OR RELATING TO ANY THIRD-PARTY SERVICE THAT MAY BE
ACCESSIBLE USING ANY EPIPHAN HARDWARE PRODUCT AND/OR SOFTWARE.
THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY
CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT BUT FOR THE
DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY,
NEITHER LICENSOR NOR ANY OF ITS AFFILIATES OR ITS OR THEIR LICENSORS, SUPPLIERS, RESELLERS OR
DISTRIBUTORS WOULD GRANT THE RIGHTS GRANTED IN THIS AGREEMENT.
7. Term and Termination: This Agreement shall continue for as long as You use the Software, however, it may be terminated
sooner as provided in this Section 7. You may terminate this Agreement by destroying all copies of the Software and
Documentation under Your control and providing certification of such destruction to Licensor or by returning the Software to
Licensor. Licensor may terminate this Agreement immediately by providing You with written notice if: (a) You are in material
breach of any provision of this Agreement, which breach, if capable of being cured, is not cured within thirty (30) days after
Licensor gives You written notice thereof; or (b) You have committed a non-curable material breach of this Agreement. Upon
termination You shall destroy all copies of the Software and Documentation. In addition to this Section, the Sections entitled
Definitions, Disclaimer of Warranties, Limitation of Liability, Title, Indemnities, High-Risk Activities, Intellectual Property, and
General shall continue in force even after any termination of this Agreement. No termination of this Agreement will entitle You
to a refund of any amounts paid by You to Licensor or any reseller or distributor or affect any obligations You may have to pay