Operation Manual

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USER GUIDE
Page
Re:source M37 audio server

If any provision of these terms and
conditions is held by a court of competent
jurisdiction to be contrary to the law then
such provisions shall be construed as far

parties and the other provisions shall

Entire Agreement
These terms and conditions set out the
whole of the agreement relating to our
supply of the Software and Service and
shall supersede any prior agreements

These terms and conditions cannot be
varied except in writing, which can be

In particular nothing said by any sales
person on behalf of Imerge or an Imerge
Business Partner should be understood as
a variation of these terms and conditions
or an authorised representation about the
Service or the nature and quality of items

liability for any such representation being

No person other than the parties to this
agreement shall have the right to enforce
any of its terms under the Contracts (Rights

These terms do not relate to your purchase
of the XiVA™ home media appliance itself,
which is governed by a separate warranty
agreement provided by Imerge’s Business

Assignment
You shall not assign any of your rights
or obligations under these terms and
conditions without Imerge’s prior written

assign or otherwise delegate all or any of
its rights or obligations under these terms

Waiver
Imerge’s failure to exercise or enforce
any of its rights under these terms and
conditions shall not constitute a waiver of

Notices
Any and all notices to be given by either
Imerge or you to the other under these
terms and conditions shall be deemed

are advised of the possibility of such

Limitations of Imerge’s Liability
In no event will Imerge or its suppliers be
liable to you or any third party for any loss

of or loss of use of software, loss of or loss
of use of equipment, to which the Audio
Server is connected, business interruption,
or other indirect, consequential, special,
or incidental damages of any nature
arising from or relating to your use of
the Software, even if Imerge has been

You understand that these limitations of
Imerge’s and Imerge’s suppliers’ liability are

Changes to the XiVA™ Software Service
Imerge reserves the right in its absolute
discretion at any time and without notice
to users of the Software to add, remove,
amend or vary features of the Software or
Service, temporarily or permanently, or on
notice to all users to discontinue the Service

agree that Imerge shall not be liable to you

suspension or discontinuance of the

Imerge also reserves the right to
change the terms and conditions of this


responsible for viewing any new terms


Invalidity
If any part of these terms and conditions
are unenforceable (including any provision
in which we exclude our liability to you)
the enforceability of any other part of
these terms and conditions will not be

Governing Law
These terms and conditions shall be
governed by and interpreted in accordance
with the laws of England and Wales whose
courts shall have jurisdiction to resolve


the event any dispute concerning the
construction or meaning of this agreement,
reference shall be made only to this
agreement as written in English and not