User Guide
48
of this Agreement. In no event shall you transfer the Software
obtained as a trial, test version, or otherwise specied as not for
resale. A special license permit from ArcSoft is required if the
program is going to be installed on a network server for the sole
purpose of distribution to other computers.
3. Copyright. The Software or the Software contained in this
package or device is protected by United States copyright laws,
international treaty provisions, and all other applicable national
laws. The Software must be treated like all other copyrighted
materials (e.g. books and musical recordings). This license does
not allow the Software to be rented or leased, and the written
materials accompanying the Software (if any) may not be
copied.
4. Ownership. Title, ownership rights, and all intellectual
property rights in and to the Software and any accompanying
documentation, and any copy of the foregoing, shall remain
the sole and exclusive property of ArcSoft and/or its third party
licensers. You agree to abide by the copyright law and all other
applicable laws. You acknowledge that the Software contains
valuable condential information and trade secrets of ArcSoft
and/or its third party licensers.
5. Warranty Disclaimer. THE SOFTWARE IS MADE AVAILABLE
TO YOU ON "AS IS" BASIS. NO WARRANTIES, EITHER EXPRESS
OR IMPLIED, ARE MADE WITH RESPECT TO THIS SOFTWARE,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
AND WARRANTIES FOR NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY, AND ARCSOFT EXPRESSLY DISCLAIMS ALL
WARRANTIES NOT STATED HEREIN. YOU ASSUME THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF THE
SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU,
AND NOT ARCSOFT OR AN AUTHORIZED RESELLER, ASSUME
THE ENTIRE COST OF NECESSARY SERVICING, REPAIR, OR
CORRECTION. SOME STATES DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY
FROM STATE TO STATE. YOUR SOLE REMEDY AND THE ENTIRE
LIABILITY OF ARCSOFT ARE SET FORTH ABOVE.
6. No Liability for Consequential Damages. YOU AGREE THAT
IN NO EVENT SHALL ARCSOFT OR ITS AGENTS BE LIABLE
FOR ANY LOSS OF ANTICIPATED PROFITS, LOSS OF DATA,
LOSS OF USE, BUSINESS INTERRUPTION, COST OF COVER OR
ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF
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