BEFORE YOU INSTALL THE SOFTWARE CAREFULLY READ THE FOLLOWING. INSTALLING THE SOFTWARE INDICATES THAT YOU AGREE TO BE BOUND TO THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT CONTAINED INSIDE, WHICH IMPOSES LEGAL OBLIGATIONS ON YOU WITH RESPECT TO THE USE OF THIS SOFTWARE AND DOCUMENTATION.
1. Product Warranty. Product hardware and media are warranted to be free from defects in material and workmanship during the warranty period (as defined below). Product hardware is warranted to conform substantially to EMAGIC's then current (as of the date of EMAGIC's product shipment) published user documentation during the warranty period. The warranty period is twelve (12) months for product hardware and thirty (30) days for media. Product support beyond these periods may be available at additional cost--consult EMAGIC for details.
2. Warranty Claims. EMAGIC shall incur no liability under this warranty if the end user fails to provide EMAGIC with notice of the alleged defect during the applicable warranty period and within thirty (30) days of its discovery. After receiving such notice, EMAGIC's technical assistance center (TAC) will notify the purchaser of its designation of one of the following problem resolution methods:
Return to Factory: The allegedly defective goods must be returned to EMAGIC within thirty (30) days of TAC's notice and in accordance with EMAGIC's Return to Factory repair procedures.
Other: TAC will use commercially reasonable efforts to repair, correct or workaround the problem by means of telephone support, including patches, corrective software releases or other means reasonably determined by EMAGIC.
EMAGIC shall incur no liability under this warranty if EMAGIC's tests disclose that the alleged defect is due to causes not within EMAGIC's reasonable control, including alteration or abuse of the goods. Under the Return to Factory alternative, if a Product is determined not to be defective or to have a defect due to causes not within EMAGIC's reasonable control, EMAGIC's then current processing charge will apply.
3. EMAGIC's Liability. EMAGIC's liability, and end user's sole and exclusive remedy, shall be limited to the express remedies set forth in this EMAGIC product warranty. This warranty isvoid if the product serial numbers have been removed from the product or if the product has been damaged by misuse, modification or unauthorized repair. EMAGIC hardware does not contain any user-serviceable parts.
4. Disclaimer Of Warranties. EMAGIC MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING PRODUCTS. ALL OTHER WARRANTIES AS TO THE QUALITY, CONDITION, MECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED.
5. Limitation Of Liability. EMAGIC SHALL NOT BE RESPONSIBLE FOR DIRECT DAMAGES IN EXCESS OF THE PURCHASE PRICE PAID BY THE END USER OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGE, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGES TO BUSINESS OR BUSINESS RELATIONS OR, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURY, WHETHER OR NOT ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY EXCLUSIVE REMEDIES.
6. Warranty Repair (Return To Factory).
If TAC designates Return to Factory as the appropriate problem resolution method, the following provisions apply.
(a) During the first three (3) months of ownership, EMAGIC will ship a replacement for defective Product hardware covered under warranty within twenty-four (24) hours. During the fourth (4th) through twelfth (12th) months of ownership, EMAGIC will repair or replace defective Product hardware covered under warranty within ten (10) business days of receipt of the Product. The warranty period for the replaced product shall be ninety (90) days or the remainder of the warranty period of the original unit, whichever is greater. EMAGIC will ship surface freight. Expedited freight is at end user's expense.
(b) The end user must return the defective Product to EMAGIC within fourteen (14) days after the request for replacement. If the defective Product is not returned within this time period, EMAGIC will bill the end user for the Product at list price.
7. Out-Of-Warranty Repair (Hardware). EMAGIC will either repair or, at its option, replace defective product hardware not covered under warranty within ten (10) working days of its receipt. Repair charges are available from the repair facility upon request. The warranty on a serviced product is thirty (30) days from date of shipment of the serviced unit. Out-of-warranty repair charges are based upon the prices in effect at the time of return.
EMAGIC INCORPORATED END USER LICENSE AGREEMENT
NOTICE TO END USER: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE 'SOFTWARE') CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE SOFTWARE AND THE ACCOMPANYING ITEMS (INCLUDING WRITTEN MATERIALS AND CONTAINERS) TO THE LOCATION WHERE YOU OBTAINED THEM FOR A FULL REFUND.
1. License Grant. EMAGIC Incorporated ('EMAGIC') grants to you (either as an individual or entity) a personal, non-transferable, and non-exclusive license to use the copy of the object code version of the SOFTWARE recorded on the media provided in this package. The term of this agreement and the above license will be for the duration of EMAGIC's copyright in the SOFTWARE; provided, that such term shall automatically expire if you breach any provision herein. Upon termination of this license, you shall return the original and all copies of the SOFTWARE and documentation to EMAGIC or the place where you obtained the PACKAGE, or certify to EMAGIC that you have destroyed the original and all copies of the SOFTWARE and documentation in your possession and within your control. You agree you will not copy the SOFTWARE except as necessary to use it on a single computer system. You agree that you may not copy the written materials accompanying the SOFTWARE. You may assign your rights under this Agreement to a third party who agrees in writing to be bound by this Agreement prior to the assignment and provided that you transfer all copies of the SOFTWARE and related documentation to the third party or destroy any copies not transferred. Except as set forth above, you may not assign your rights under this Agreement.
2. Copyright. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of EMAGIC or its suppliers, and you will not acquire any rights to the SOFTWARE except as expressly set forth above. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
3. Reverse Engineering. You agree that you will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting, to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part.
4. Limited Warranty. EMAGIC warrants that the media contained in this package is free from any physical defects for a period of ninety (90) days from the date of purchase ('Limited Warranty'). EMAGIC DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, EMAGIC MAKES NO OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES AND SPECIFICALLY DISCLAIMS ANY WARRANTIES AS TO THE PERFORMANCE OF THE SOFTWARE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. AS TO ANY IMPLIED WARRANTY WHICH MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THE DURATION OF SUCH WARRANTY IS 90 DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
5. Customer Remedies. EMAGIC's entire liability and your sole and exclusive remedy shall be, at EMAGIC's option, to (a) replace defective media or (b) authorize a refund, so long as the SOFTWARE, documentation and media are returned to EMAGIC with a copy of your receipt. This Limited Warranty is void if a defect has resulted from accident, abuse, or misapplication. Any replacement media will be warranted for the remainder of the original warranty period.
6. Severability. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
7. No Liability for Consequential Damages. IN NO EVENT SHALL EMAGIC BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE EMAGIC SOFTWARE, EVEN IF EMAGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EMAGIC'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU.
8. Export. You agree that you will not export or re-export the SOFTWARE without the appropriate United States or foreign government licenses and the express written permission of EMAGIC.
9. U.S. Government Restricted Rights. If this SOFTWARE is acquired under the terms of: (i) a DoD contract: Pursuant to 48 CFR 227.7202 and its successors, use, duplication, or disclosure by the Government is subject to restrictions as set forth in this Agreement; or (ii) a Civilian agency contract: Pursuant to 48 CFR 12.212 and its successors, use reproduction, or disclosure is subject to the restrictions set forth in this Agreement. Unpublished - rights reserved under the copyright laws of the United States. Contractor/Manufacturer: EMAGIC INCORPORATED, 13348 Grass Valley Ave., Building C, Suite 100, Grass Valley, California 95945.
10. Governing Law. This Agreement will be governed by the laws of the State of California as they are applied to agreements between California residents entered into and to be performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
11. Entire Agreement. This is the entire agreement between you and EMAGIC which supersedes any prior agreement, whether written or oral, relating to the subject matter of this Agreement.
