Tapco MP3 Player - Manual (Page 5)

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WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICU-
LAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH
RESPECT TO THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE,
YOU (AND NOT LOUD Technologies Inc. OR AN AUTHORIZED REPRESENTA-
TIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION.
6. No Liability for Consequential Damages. IN NO EVENT SHALL LOUD Tech-
nologies Inc. BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL,
INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE
USE OF THE LOUD Technologies Inc. SOFTWARE, EVEN IF LOUD Technologies
Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LOUD
Technologies Inc.’S LIABILITY FOR ANY CLAIM, LOSSES, DAMAGES OR INJURY,
WHETHER CAUSED BY BREACH OF CONTRACT, TORT OR ANY OTHER THEO-
RY OF LIABILITY, SHALL NOT EXCEED THE LICENSE FEE PAID BY YOU. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITA-
TION OR EXCLUSIONS MAY NOT APPLY TO YOU.
7. Term. This Agreement is effective until terminated. You may terminate this Agree-
ment at any time by uninstalling the Software together with destroying any copies
in any form. This Agreement, including the license to use the Software, will termi-
nate automatically if you fail to comply with any term or condition
8. Upgrades. LOUD may at its discretion release upgrades to the Software. LOUD
has no obligation to offer free or discounted upgrades to any end user of the Soft-
ware.
9. Governing Law and Severability. This Agreement will be governed by the laws of
the State of Washington and will be interpreted as if the agreement were made
between Washington residents and performed entirely within Washington. If for
any reason a court finds any provision of this License unenforceable, that provision
will be enforced to the maximum extent possible, and the remainder of the License
shall continue in full force and effect.
10. Entire Agreement. This is the entire agreement between you and LOUD Technolo-
gies Inc. AND supersedes any prior agreement, whether written or oral, relating
to the subject matter of this Agreement. No amendment or modification of this
agreement will be binding unless in writing and signed by a duly authorized repre-
sentative of LOUD Technologies Inc.