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ANY OTHER WARRANTIES, EITHER memory in Your PC), and no longer own
EXPRESS OR IMPLIED, INCLUDING such Program.
BUT NOT LIMITED TO IMPLIED 7EXPORT CONTROL
WARRANTIES OF MERCHANTABILITY You agree that You will not ship, transfer
AND FITNESS FOR A PARTICULAR or export the Program or underlying
PURPOSE IN REGARD TO THE information and technology to any
PROGRAM AND THE countries to which Japan and other
ACCOMPANYING PRINTED relevant countries have initiated an
MATERIALS. SHOULD THERE BE ANY embargo on such goods.
PROBLEM ARISING FROM OR 8U.S. GOVERNMENT USER
CAUSED BY THE PROGRAM, YOU
If You are an agency of the United
SHOULD SETTLE ALL SUCH
PROBLEM AT YOUR OWN COST AND States of America (the ?Government?),
You acknowledge JVC?s representation
EXPENSE.
that the Program is a ?Commercial Item?
5LIMITED LIABILITYas defined in Federal Acquisition
TO THE EXTENT PERMITTED BY Regulation (FAR) part 2.101 (g)
APPLICABLE LAW, IN NO EVENT consisting unpublished ?Commercial
SHALL JVC AND ITS LICENSORS BE Computer Software? as those items are
LIABLE FOR ANY INDIRECT, used at FAR part 12.212 and is only
SPECIAL, INCIDENTAL OR licensed to You with the same use rights
CONSEQUENTIAL DAMAGES JVC grants all commercial end users
WHATSOEVER, REGARDLESS OF pursuant to the terms of this Agreement.
THE FORM OF ACTION WHETHER IN
9GENERAL
CONTRACT, TORT OR OTHERWISE
(1) No modification, change, addition,
ARISING OUT OF OR IN deletion or other alternation of or to
CONNECTION WITH THE USE OF OR
this Agreement will be valid unless
INABILITY TO USE THE PROGRAM, reduced to writing and signed by an
EVEN IF JVC HAS BEEN ADVISED OF
authorized representative of JVC.
THE POSSIBILITY OF SUCH
DAMAGES. YOU WILL INDEMNIFY (2) If any part of this Agreement is held
invalid by or in conflict with any law
AND HOLD HARMLESS JVC FROM
having jurisdiction over this
ANY LOSS, LIABILITY OR COST Agreement, the remaining provisions
ARISING OUT OF OR IN ANY WAY
will remain in full force and effect.
CONNECTED TO CLAIMS FROM ANY (3) This Agreement shall be governed by
THIRD PARTY RELATING TO THE USE
and interpreted under the laws of
OF THE PROGRAM.Japan. The Tokyo District Court has
6TERMjurisdiction over all disputes which
This Agreement will become effective on may arise with respect to the
the date when You install and use the execution, interpretation and
Program on Your machine, and continue performance of this Agreement.
to be in effect until the termination under
the following provision.Victor Company of Japan, Limited
Should You breach any provision of this NOTE:
Agreement, JVC may terminate this If You acquired the Program in Germany,
Agreement without giving any notice to the provisions of Sections 4 (Limited
You. In this event, JVC may claim Warranty) and 5 (Limited Liability) provided
against You for any damages caused by above will be replaced with those of the
Your breach. Should this Agreement be German version of this Agreement.
terminated, You must immediately
destroy the Program stored in Your
machine (including the erasing from any
?2 ? |
ACEC
