User Manual

5. termination
THIS AGREEMENT IS EFFECTIVE UNTIL TERMINATED. EITHER PARTY MAY TERMINATE THIS AGREEMENT
UPON WRITTEN NOTICE TO THE OTHER PARTY. LINE 6 MAY ALSO TERMINATE THIS AGREEMENT
IMMEDIATELY, WITHOUT PRIOR NOTICE OR LIABILITY, IF YOU BREACH ANY OF THE TERMS OR CONDITIONS
OF THIS AGREEMENT. ALL SECTIONS OF THIS AGREEMENT WHICH BY THEIR NATURE SHOULD SURVIVE
TERMINATION WILL SURVIVE TERMINATION, INCLUDING, WITHOUT LIMITATION, WARRANTY DISCLAIMERS
AND LIMITATIONS OF LIABILITY.
6. WARRANTY DISCLAIMER
THE SOFTWARE AND ANY ACCOMPANYING DOCUMENTATION IS PROVIDED ON AN “AS IS” “AS
AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND TO THE EXTENT AUTHORIZED BY LAW.
LINE 6 DISCLAIMS ANY AND ALL WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LINE 6 AND ITS
LICENSORS ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING,
WITHOUT LIMITATION, LOSS OF DATA AND ITEMS OR MATERIALS FROM ERRORS OR OTHER
MALFUNCTIONS WHETHER CAUSED BY LINE 6 OR BY YOUR OWN ERRORS OR OMISSIONS.
LINE 6 DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS
WILL BE CORRECTED. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE
TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR
USE OF THE SOFTWARE. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE
PERFORMANCE OF THE SOFTWARE.
7. limitation of liability
NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT OR OTHERWISE, LINE 6 WILL NOT
BE LIABLE WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT,
NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR
ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND TO THE EXTENT
AUTHORIZED BY LAW. IN NO EVENT WILL LINE 6 BE OBLIGATED, CONTRACTUALLY OR OTHERWISE, TO
INDEMNIFY YOU FOR ANY LOSSES THAT YOU MAY INCUR IN CONNECTION WITH THE SOFTWARE. THE
AVAILABILITY OF “BETA” VERSIONS OF THE SOFTWARE DOES NOT CREATE ANY OBLIGATION FOR LINE 6 TO
CONTINUE TO DEVELOP, SUPPORT, REPAIR, OFFER FOR SALE OR IN ANY OTHER WAY CONTINUE TO PROVIDE
THE SOFTWARE IN “BETA” FORM OR FUTURE VERSIONS THEREOF.
8. export restriCtions
YOU ACKNOWLEDGE THAT THE SOFTWARE, OR ANY PART THEREOF, OR ANY PROCESS OR SERVICE
THAT IS THE DIRECT PRODUCT OF THE SOFTWARE (THE FOREGOING COLLECTIVELY REFERRED TO AS
THE “RESTRICTED COMPONENTS”) ARE OF U.S. ORIGIN. YOU AGREE TO COMPLY WITH ALL APPLICABLE
INTERNATIONAL AND NATIONAL LAWS THAT APPLY TO THESE PRODUCTS, INCLUDING THE U.S. EXPORT
ADMINISTRATION REGULATIONS, AS WELL AS END-USER, END-USE AND DESTINATION RESTRICTIONS
ISSUED BY U.S. AND OTHER GOVERNMENTS.
9. misCellaneoUs
THE FAILURE OF EITHER PARTY TO EXERCISE IN ANY RESPECT ANY RIGHT PROVIDED FOR HEREIN WILL NOT
BE DEEMED A WAIVER OF ANY FURTHER RIGHTS HEREUNDER. IF ANY PROVISION OF THIS AGREEMENT IS
FOUND TO BE UNENFORCEABLE OR INVALID, THAT PROVISION WILL BE LIMITED OR ELIMINATED TO THE
MINIMUM EXTENT NECESSARY SO THAT THIS AGREEMENT WILL OTHERWISE REMAIN IN FULL FORCE AND
EFFECT AND ENFORCEABLE. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO THE CONFLICT OF LAWS PROVISIONS
THEREOF. BOTH PARTIES AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF
THE MUTUAL UNDERSTANDING OF THE PARTIES AND SUPERSEDES AND CANCELS ALL PREVIOUS WRITTEN
AND ORAL AGREEMENTS, COMMUNICATIONS AND OTHER UNDERSTANDINGS RELATING TO THE SUBJECT
MATTER OF THIS AGREEMENT, AND THAT ALL MODIFICATIONS MUST BE IN A WRITING SIGNED BY BOTH
PARTIES, EXCEPT AS OTHERWISE PROVIDED HEREIN. NO AGENCY, PARTNERSHIP, JOINT VENTURE, OR
EMPLOYMENT IS CREATED AS A RESULT OF THIS AGREEMENT AND YOU DO NOT HAVE ANY AUTHORITY OF
ANY KIND TO BIND LINE 6 IN ANY RESPECT WHATSOEVER. ALL NOTICES UNDER THIS AGREEMENT WILL BE
IN WRITING AND WILL BE DEEMED TO HAVE BEEN DULY GIVEN WHEN RECEIVED, IF PERSONALLY DELIVERED;
THE DAY AFTER IT IS SENT, IF SENT FOR NEXT DAY DELIVERY BY RECOGNIZED OVERNIGHT DELIVERY
SERVICE; AND UPON RECEIPT, IF SENT BY CERTIFIED OR REGISTERED MAIL, RETURN RECEIPT REQUESTED.