EastWest Hollywood Orchestra Opus Edition Virtual Instrument Plug-In (Download) User Manual

Page 227

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HOLLYWOOD ORCHESTRA OPUS EDITION

C O N T E N T S

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USER LICENSE AGREEMENT

TION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND
YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

7. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE
EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE EASTWEST SOFTWARE IS AT YOUR
SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA
SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
EASTWEST SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY
OF ANY KIND, AND EASTWEST AND EASTWEST’S LICENSORS (COLLECTIVELY REFERRED
TO AS “EASTWEST” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH RESPECT TO THE EASTWEST SOFTWARE, EITHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY,
OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND
NON-INFRINGEMENT OF THIRD PARTY RIGHTS. EASTWEST DOES NOT WARRANT AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE EASTWEST SOFTWARE, THAT THE FUNC-
TIONS CONTAINED IN THE EASTWEST SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT
THE OPERATION OF THE EASTWEST SOFTWARE WILL BE UNINTERRUPTED OR ERROR-
FREE, OR THAT DEFECTS IN THE EASTWEST SOFTWARE WILL BE CORRECTED. YOU FUR-
THER ACKNOWLEDGE THAT THE EASTWEST SOFTWARE IS NOT INTENDED OR SUITABLE
FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR
INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY THE EASTWEST
SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVI-
RONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR
FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CON-
TROL, LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY EASTWEST OR AN EASTWEST AUTHORIZED REPRESENTATIVE SHALL
CREATE A WARRANTY. SHOULD THE EASTWEST SOFTWARE PROVE DEFECTIVE, YOU AS-
SUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITA-
TIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION
AND LIMITATIONS MAY NOT APPLY TO YOU.

8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL
EASTWEST BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT
OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAM-
AGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER
COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR
INABILITY TO USE THE EASTWEST SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE
THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF EASTWEST HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall
EASTWEST’s total liability to you for all damages (other than as may be required by applicable
law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing
limitations will apply even if the above stated remedy fails of its essential purpose.

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