Markzware Markztools 8 Manuál stáhnout pdf (Strana 3)

5. Limited Warranty and Disclaimer, Limitation of Remedies and Damages.

YOU ACKNOWLEDGE THAT THE SOFTWARE MAY NOT SATISFY ALL YOUR REQUIREMENTS OR BE FREE

FROM DEFECTS. MARKZWARE WARRANTS THE MEDIA ON WHICH THE SOFTWARE IS RECORDED TO BE

REE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR 90 DAYS FROM PUR-

CHASE, BUT THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE LICENSED "AS IS." ALL IM-

PLIED WARRANTIES AND CONDITIONS (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR

FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED AS TO THE SOFTWARE AND ACCOMPANYING

WRITTEN MATERIALS AND LIMITED TO 90 DAYS AS TO THE MEDIA. YOUR EXCLUSIVE REMEDY FOR

REACH OF WARRANTY WILL BE THE REPLACEMENT OF THE MEDIA OR REFUND OF THE PURCHASE

PRICE. IN NO EVENT WILL MARKZWARE OR ITS DEVELOPERS, DIRECTORS, OFFICERS, EMPLOYEES OR AF-

FILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUD-

ING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS

INFORMATION, AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE

OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF

THE BASIS OF THE CLAIM AND EVEN IF MARKZWARE OR AN AUTHORIZED MARKZWARE REPRESENTA-

TIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The Markzware liability to you for actual damages

for any cause whatsoever, and regardless of the form of the action, will be limited to the greater of $5 or the money paid for the

Software that caused the damages. THE ABOVE LIMITATIONS WILL NOT APPLY IN CASE OF PERSONAL INJURY

ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY, BECAUSE SOME JU-

RISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY

FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

6. Consent to Collect and Use Data.

You agree that Markzware and it subsidiaries may collect and use technical and related information, including but not limited to

technical and configuration information about your computer, system and application software and hardware elements, that is

gathered from time to time for the purposes of facilitating installation, activation and updates of the Software, for product support

and other services, if any, relating to the Software and to verify compliance with the Terms of this License Agreement. Such col-

lected data is of a non-personal nature and will not be resold to third parties.

7. General.

This License will be construed under the laws of the State of California, except for that body of law dealing with conflicts of law.

If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be en-

forced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. If you

are a U.S. Government end-user, this License of the Software conveys only "RESTRICTED RIGHTS," and its use, disclosure and

duplication are subject to Federal Acquisition Regulations, 52.227-7013 (c) (1) (ii).

8. Trademark.

The Software may be governed by a trademark, registered by Licensor with the federal government. No right, license, or interest

to such trademark is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect

to such trademark.

9. Costs of Litigation.

If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the

prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litiga-

tion.

10. Severability.

Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such decla-

ration shall have no effect on the remaining terms hereof.

11. No Waiver.

The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any

breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the

event of future breaches.

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