Installation guide

G-SYNC INSTALLATION GUIDE VER. 2.0 | Page 32 G-SYNC INSTALLATION GUIDE VER. 2.0 | Page 33
GOODS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS LIMITED WARRANTY, OR THE USE OR
PERFORMANCE OF ANY PRODUCT, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, OR
ANY OTHER LEGAL THEORY, EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NVIDIA‘S TOTAL AGGREGATE LIABILITY FOR DAMAGES OF ANY NATURE, REGARDLESS OF FORM OF ACTION,
SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU TO NVIDIA FOR THE PRODUCT UPON WHICH
LIABILITY IS BASED. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE GENERALITY OF THE ABOVE DISCLAIMERS, NVIDIA DOES NOT WARRANT ANY
SOFTWARE PRODUCTS UNDER THESE TERMS AND CONDITIONS. WARRANTIES, IF ANY, FOR SOFTWARE ARE
CONTAINED IN THE APPLICABLE LICENSE AGREEMENT WHICH ACCOMPANIES THE WARRANTED PRODUCTS.
NVIDIA RESERVES THE RIGHT TO UNILATERALLY CHANGE ITS WARRANTIES AT ANY TIME, IN ITS SOLE
DISCRETION WITHOUT PRIOR NOTICE. IF MATERIAL CHANGES ARE MADE THEY WILL BE POSTED AT WWW.
NVIDIA.COM/WARRANTY. YOUR CONTINUED USE OF THE WARRANTED PRODUCT WILL SIGNIFY YOUR
ACCEPTANCE OF THESE CHANGES. IF YOU DO NOT ACCEPT MATERIAL CHANGES TO THE AGREEMENT,
CONTACT NVIDIA TO TERMINATE THIS AGREEMENT AND ANY CORRESPONDING ACCOUNT(S).
GOVERNING LAW AND YOUR RIGHTS
This warranty gives you specific legal rights. You may also have other rights which vary from state to state, and
jurisdiction to jurisdiction. You hereby agree to all terms of this warranty in the English language. The United
Nations Convention on Contracts for the International Sale of Goods does not apply to this warranty and is strictly
excluded. This warranty and all disputes that may arise from it arise out of the sale of a product in interstate
commerce and shall be governed by the Federal Arbitration Act, in addition to the internal substantive laws
of the State of California, without respect to its conflict of laws principles. You agree to submit to the personal
jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which
we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the
actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets,
patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER
Arbitration. For any dispute with NVIDIA, you agree to first contact us by U.S. Mail at NVIDIA Corporation, ATTN:
SHIELD-Legal, 2701 San Tomas Expressway, Santa Clara, California, 95050 and attempt to resolve the dispute
with us informally by providing your name, address and contact information and describing the nature of the
dispute. In the unlikely event that NVIDIA has not been able to resolve a dispute it has with you within 60 days
of your original informal claim (or sooner if, in NVIDIA’s opinion, a dispute is not likely to be resolved within 60
days), we each agree to resolve any claim, dispute, or controversy (excluding any NVIDIA claims for injunctive or
other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged
breach thereof (collectively, “Claims”), by binding arbitration before an arbitrator from Judicial Mediation and
Arbitration Services (“JAMS”) located in Santa Clara County, California under the Optional Expedited Arbitration
Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com
and will require you to pay an initial filing fee of $250.00 (unless you successfully apply for a waiver of this fee
from JAMS). All other JAMS costs associated with the arbitration will be borne by NVIDIA. The arbitration will
be conducted in Santa Clara County, California (or the nearest JAMS Office to Santa Clara County), unless you
request an in-person hearing where you live or you and NVIDIA agree otherwise. The award rendered by the
arbitrator may include your costs of arbitration, your reasonable attorneys’ fees and your reasonable costs for
expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any
court of competent jurisdiction. Further, in the event that the arbitrator makes an award in your favor greater
than NVIDIA’s last written offer, NVIDIA will pay you the greater of the award or $500, plus your reasonable
attorney’s fees, if any, and reimburse any reasonable expenses (including reasonable expert witness fees
and costs) that are reasonably accrued for investigating, preparing, and pursuing your claim in arbitration,
as determined by the arbitrator or agreed to by you and NVIDIA. Nothing in this Section shall prevent either
party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or
threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property
Rights, or other proprietary rights. You may sue under state law in a small claims court of competent jurisdiction
without first engaging in arbitration, but you must engage in arbitration before suing under the Federal
Magnuson-Moss Act.
Class Action & Jury Trial Waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY,
AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION UNLESS SUCH ARBITRATION IS NECESSARY
TO EFFECTUATE THE ENFORCEMENT OF THE COURT CLASS ACTION WAIVER OR IN THE EVENT THAT CLASS
ARBITRATION IS EXPRESSLY AGREED TO BY NVIDIA. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT,
YOU AND NVIDIA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Right to Opt Out. YOU MAY OPT OUT OF THE FOREGOING ARBITRATION AND CLASS ACTION/JURY TRIAL
WAIVER PROVISION OF THIS AGREEMENT BY NOTIFYING NVIDIA IN WRITING WITHIN 30 DAYS OF PURCHASE.
SUCH WRITTEN NOTIFICATION MUST BE SENT TO ATTN: SHIELD-LEGAL, 2701 SAN TOMAS EXPRESSWAY,
SANTA CLARA, CALIFORNIA, 95050 AND MUST INCLUDE (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR
WARRANTED PRODUCT’S SERIAL AND PART NUMBER, AND (4) A CLEAR STATEMENT INDICATING THAT YOU
DO NOT WISH TO RESOLVE DISPUTES THROUGH ARBITRATION AND DEMONSTRATING COMPLIANCE WITH
THE 30 DAY TIME LIMIT TO OPT OUT.
Severability. If any clause herein is found to be illegal or unenforceable, that clause will be severed from this
agreement and the remainder of the agreement will be given full force and effect. As noted above, if a class
action waiver of both court and arbitration class actions is found unenforceable, class arbitration will be
expressly allowed under the agreement.
FCC COMPLIANCE STATEMENT
This device complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) this
device may not cause harmful interference, and (2) this device must accept any interference received, including
interference that may cause undesired operation.