Sennheiser ADN D1 Instructions for Use - Page 163

Appendix access updates ("Windows Updates") from a server installed with the required server component. Without limiting any other disclaimer in this Micrososoft Software License Terms or any EULA accompanying a Windows Update, you acknowledge and agree that no warranty is provided by MS, Microsoft Corporation or their affiliates with respect to any Windows Update that you install or attempt to install on your device. 5. Product Support. Contact Sennheiser for support options. Refer to the support number provided with the device. 6. Backup Copy. You may make one backup copy of the software. You may use it only to reinstall the software on the device. 7. Proof Of License. If you acquired the software on the device, or on a disc or other media, a genuine Certificate of Authenticity label with a genuine copy of the software identifies licensed software. To be valid, this label must be affixed to the device, or included on or in Sennheiser's software packaging. If you receive the label separately, it is not valid. You should keep the label on the device or packaging to prove that you are licensed to use the software. To identify genuine Microsoft software, see http://www.howtotell.com. 8. Transfer to a Third Party. You may transfer the software only with the device, the Certificate of Authenticity label, and these license terms directly to a third party. Before the transfer, that party must agree that these license terms apply to the transfer and use of the software. You may not retain any copies of the software including the backup copy. 9. Not Fault Tolerant. The software is not fault tolerant. Sennheiser installed the software on the device and is responsible for how it operates on the device. 10. Restricted Use. The Microsoft software was designed for systems that do not require fail-safe performance. You may not use the Microsoft software in any device or system in which a malfunction of the software would result in foreseeable risk of injury or death to any person. This includes operation of nuclear facilities, aircraft navigation or communication systems and air traffic control. 11. No Warranties for the Software. The software is provided "as is". You bear all risks of using it. Microsoft gives no express warranties, guarantees or conditions. Any warranties you receive regarding the device or the software do not originate from, and are not binding on, Microsoft or its affiliates. When allowed by your local laws, Sennheiser and Microsoft exclude implied warranties of merchantability, fitness for a particular purpose and non-infringement. 12. Liability Limitations. You can recover from Microsoft and its affiliates only direct damages up to two hundred fifty U.S. Dollars (U.S. $250.00). You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to: • Anything related to the software, services, content (including code) on third party internet sites, or third party programs; and • Claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft should have been aware of the possibility of the damages. The above limitation may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. 13. Export Restrictions. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting. 162 | ADN Digital Conference System