Harman Kardon TC1000 Owners Manual - Page 35
Exclusion Of Incidental, Consequential And Certain Other Damages - microsoft
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Harman Kardon l Support Services. Product support for the SOFTWARE and Remote Control Device is not provided by Microsoft or its subsidiaries. For product support, please refer to Harman's support number provided in the user documentation for the Remote Control Device. Should you have any questions concerning this EULA, or if you desire to contact Harman for any other reason, please refer to the address provided in the user documentation for the Remote Control Device. 3 COPYRIGHT. All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by Microsoft or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) install the SOFTWARE on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the Remote Control Device. 4 EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE licensed hereunder is subject to the export control laws and regulations of the U.S.A., and any amendments thereof. You confirm that with respect to the SOFTWARE, you will not export or re-export it, directly or indirectly, to any countries that are subject to U.S.A. export restrictions. You further acknowledge that the SOFTWARE may include technical data subject to export and re-export restrictions imposed by U.S.A. law. 5 DISCLAIMER OF WARRANTIES. The Limited Warranty that appears below is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation or packaging. No other warranties are made with respect to the SOFTWARE and Remote Control Device by any person, including but not limited to Harman, Microsoft, and its suppliers. Except for the Limited Warranty, and to the maximum extent permitted by applicable law, Harman, Microsoft and its suppliers provide the SOFTWARE and Remote Control Device AS IS and with all faults, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including but not limited to any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, and of lack of negligence or lack of workmanlike effort, all with regard to the SOFTWARE and Remote Control Device. Also, there is no warranty or condition of title, authority, or noninfringement in the SOFTWARE and Remote Control Device. B GENERAL PROVISIONS These provisions apply to the EULA and the below Limited Warranty and Limitation of Liability. 6 EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall Harman, Microsoft or its suppliers be liable for any special, incidental or consequential damages whatsoever (including but not limited to damages for loss of profits, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever), arising out of or in any way related to the use of or inability to use the SOFTWARE or Remote Control Device, even if Harman, Microsoft or any supplier has been advised of the possibility of such damages. 31
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