User Guide

Reference

THE USE OF OR INABILITY TO USE THE SOFTWARE, HOWEVER

CAUSED AND ON ANY THEORY OF LIABILITY (WHETHER FOR

BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)

OR OTHERWISE), EVEN IF ARCSOFT HAS BEEN ADVISED OF

THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL

ARCSOFT BE LIABLE TO YOU FOR DAMAGES IN AN AMOUNT

GREATER THAN THE FEES PAID FOR THE USE THE FOREGOING

LIMITATIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE

LAWS IN YOUR JURISDICTION.

7. Export. You will not export or re-export the product

incorporating the Software without the appropriate United States

or foreign government licenses.

8. U.S. Government Restricted Rights. If you are a unit or

agency of the United States government, the Software and

related documentation are deemed to be "commercial computer

software" and "commercial computer software documentation,"

respectively, pursuant to DFAR Section 227.7202 and FAR

Section 12.212(b), as applicable. Any use, modication,

reproduction, release, performing, displaying or disclosing

of the Software and/or the related documentation by the

United States government shall be governed solely by the

terms of this Agreement and shall be prohibited except to the

extent expressly permitted by the terms of this Agreement.

Any technical data provided that is not covered by the above

provisions is deemed to be "technical data?commercial items"

pursuant to DFAR Section 227.7015(a). Any use, modication,

reproduction, release, performing, displaying or disclosing of

such technical data shall be governed by the terms of DFAR

Section 227.7015(b).

9. Termination. THIS AGREEMENT SHALL BE EFFECTIVE UPON

INSTALLATION OF THE SOFTWARE AND SHALL TERMINATE

UPON THE EARLIER OF: (i) YOUR FAILURE TO COMPLY

WITH ANY TERM OF THIS AGREEMENT; OR (ii) RETURN,

DESTRUCTION OR DELETION OF ALL COPIES OF THE SOFTWARE

IN YOUR POSSESSION. ArcSoft's rights and your obligations

shall survive the termination of this Agreement.

10. High Risk Activities. The Software is not fault-tolerant and

is not designed or intended for use in hazardous environments

requiring fail-safe performance, or any other application in which

the failure of the Software could lead directly to death, personal

injury, or severe physical or property damage (collectively,

"High Risk Activities"). ARCSOFT EXPRESSLY DISCLAIMS ANY

EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK

ACTIVITIES.

11. Governing Law and Jurisdiction. This Agreement will be

governed by and construed under the laws of the State of