User Manual

DW Spectrum 3.0
6. LIMITATION OF REMEDIES.
In no event will Digital Watchdog or its licensors be liable to you or any third party for any indirect, incidental or
consequential damages (including without limitation lost profits, lost savings or lost data) arising out of this Agreement or
use or inability to use the Program even if Digital Watchdog has been advised of the possibility of such damage or claim.
In no event will Digital Watchdog’s direct liability under or arising out of this Agreement, whether in contract or in tort,
exceed the amount paid by you for the Program. Some states and provinces do not allow the limitation or exclusion of
liability for incidental or consequential damages so the above limitation or exclusion may not apply to you.
7. TERM.
This Agreement is effective until terminated. Digital Watchdog may terminate this Agreement immediately if you fail to
comply with any material term of this Agreement. You may elect to terminate this Agreement at any time by giving written
notice to Digital Watchdog. In the event of termination of this Agreement, you agree to destroy all copies of the Program,
in whole or in part, provided or created under this Agreement that are in your possession, power or control. A signed
certification to this effect will be required.
8. THIRD PARTY LICENSES
The Program uses FFmpeg, qt and Ajax.org Cloud9 Editor (formerly Bespin) (together “Third Party Software”). Third
Party Software are being provided to you under the terms and conditions of GNU Lesser General Public License v2.1
(“LGPL”), which is available for you to review at:
http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html.
You understand and agree that, although provided to you by Digital Watchdog with the Program, your use of Third Party
Software shall be and is governed by the LGPL. The ownership terms in the Agreement do not apply to Third Party
Software. You understand and acknowledge that under the LGPL, Third Party Software is being provided “AS IS”
WITHOUT ANY WARRANTY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. If there is a conflict
between the Agreement and LGPL with respect to Third Party Software, the provisions of the LGPL shall prevail.
You may obtain a complete copy of the source code for the above-mentioned free software, under the terms of the LGPL,
from Digital Watchdog, without charge, except for the cost of media, shipping, and handling, upon written request to
Digital Watchdog at the address set forth below:
16220 Bloomfield Ave. Cerritos,
California, USA 90703
9. WAIVER OF CONTRACTUAL RIGHT.
The failure of Digital Watchdog to enforce any provision of this Agreement shall not be construed as a waiver or limitation
of Digital Watchdog’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
10. GENERAL.
If any provision of this Agreement is found to be unlawful, void or unenforceable for any reason, then that provision shall
be deemed severed from this Agreement and shall not affect the validity and the enforceability of the remaining portions
of this Agreement. You acknowledge and agree that Digital Watchdog’s licensor is a third party beneficiary of this
Agreement and the provisions of this Agreement are made expressly for the benefit of, and are enforceable by, such
licensor. This Agreement is the complete and exclusive statement of the agreement between Digital Watchdog and you
and supersedes any proposal or prior agreement, oral or written, and any other communications between Digital
Watchdog and you relating to the subject matter hereof. This Agreement is governed by the laws of the State of Florida
without regard to conflict of law principles. The United Nations Convention On Contracts for the International Sale Of
Goods, 1980, and any successor thereto, shall not apply. The Federal and State courts within the State of Florida shall
have exclusive jurisdiction to adjudicate all disputes and claims arising out of or related to this Agreement.