RCA TH1102 User Manual - TH1010 - Page 6

End User License Agreement destroy or permanently erase the Program and all full or partial copies thereof. 4. WARRANTY DISCLAIMER THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU (AND NOT THOMSON ENTITY, ITS SUPPLIERS, OR ITS DEALERS) ASSUME THE ENTIRE COST FOR ALL NECESSARY REPAIR OR CORRECTION. This exclusion of warranty may not be allowed under some applicable laws. As a result, the above exclusion may not apply to you, and you may have other rights depending on the law that applies to you. 5. OWNERSHIP RIGHTS All title and intellectual property rights in and to the Program and any copies thereof are owned by THOMSON Entity or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Program is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This license grants you no rights to use such content. 6. LIMITATION OF LIABILITY (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THOMSON ENTITY, OR ITS DEALERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) REGARDLESS OF CAUSE OR FORM OF ACTION, INCLUDING CONTRACT, TORT, OR NEGLIGENCE, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE PROGRAM, EVEN IF THOMSON ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. (b) YOU ASSUME RESPONSIBILITY FOR THE SELECTION OF THE APPROPRIATE PROGRAM TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED. 7. WINDOWS MEDIA™ The software embedded within your A/V Device (the "Device Firmware") contains software licensed from Microsoft that enables you to play Windows Media Audio (WMA) files ("WMA Software"). The WMA Software is licensed to you for use with your A/V Device under the following conditions. By installing and using this version of the Device Firmware, you are agreeing to these conditions. IF YOU DO NOT AGREE TO THE END USER CONDITIONS OF THIS SECTION 7, DO NOT INSTALL OR USE THIS VERSION OF THE DEVICE FIRMWARE. The WMA Software is protected by copyright and other intellectual property laws. This protection also extends to documentation for the WMA Software, whether in written or electronic form. GRANT OF LICENSE. The WMA Software is only licensed to you as follows: You may use this version of the Device Firmware containing the WMA Software only as such use relates to your A/V Device. You may not reverse engineer, decompile, or disassemble the WMA Software, except and only to the extent that such activity is expressly permitted by applicable law. You may transfer your right to use the Device Firmware only as part of a sale or transfer of your A/V Device, on the condition that the recipient agrees to the conditions set forth herein. If the version of the Device Firmware that you are transferring is an upgrade, you must also transfer all prior versions of the Device Firmware that you have which include the WMA Software. MICROSOFT IS NOT PROVIDING ANY WARRANTY OF ANY KIND TO YOU FOR THE WMA SOFTWARE, AND MICROSOFT MAKES NO REPRESENTATION CONCERNING THE OPERABILITY OF THE WMA SOFTWARE. The WMA Software is of U.S. origin. Any export of this version of the Device Firmware must comply with all applicable international and national laws, including the U.S. Export Administration Regulations, that apply to the WMA Software incorporated in the Device Firmware. Content providers are using the digital rights management technology for Windows Media contained EN 5