RCA EZ2050 Owner/User Manual - Page 12

EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. 6. Limited Liability. YOUR SOLE REMEDY AND THE ENTIRE LIABILITY OF ARCSOFT AND ITS LICENSORS ARE SET FORTH ABOVE. IN NO EVENT WILL ARCSOFT AND ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST SAVINGS, OR OTHER DAMAGES ARISING OUT OF USE OF OR INABILITY TO USE SUCH SOFTWARE, EVEN IF ARCSOFT OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 7. Export. You will not export or re-export the product incorporating the Software without the appropriate United States or foreign government licenses. 8. U.S. Government Restricted Rights. If you are a unit or agency of the United States government, the Software and related documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212(b), as applicable. Any use, modification, reproduction, release, performing, displaying or disclosing of the Software and/or the related documentation by the United States government shall be governed solely by the Terms of this Agreement and shall be prohibited except to the extent expressly permitted by the Terms of this Agreement. Any technical data provided that is not covered by the above provisions is deemed to be "technical data commercial items" pursuant to DFAR Section 227.7015(a). Any use, modification, reproduction, release, performing, displaying or disclosing of such technical data shall be governed by the Terms of DFAR Section 227.7015(b). 9. High Risk Activities. The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). ARCSOFT EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. 10. Privacy Policy. The Software registration and activation process may require you to provide personally identifying information such as your name, phone number, address, and email address. ArcSoft will not share or sell such information with any third party except as necessary to provide products you've requested. 11. Usage Tracking. To improve product usability, ArcSoft may log information about the usage information of selected product features. Such usage information will not be collected with any corresponding identifying information so that usage anonymity will be preserved. 12. Termination. Your rights with respect to the Software may be terminated, either immediately or after a notice period not exceeding thirty (30) days, upon unauthorized copying of the Software or failure to comply with the restrictions contained in this license agreement. Upon Termination of the license, you shall return all copies of the Software to the party from which the Software was acquired. 13. Governing Law. If this product was purchased in the United States, this Agreement is governed by the laws of the state of California; otherwise, local laws may apply. 11