Matrox MXO2 PCIe Host Adapter - Manual (Page 13)

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Matrox End-User VFW Software Codec License Agreement ("Agreement")
pursuant to court order or other requirement imposed by law, provided that Matrox is given a reasonable opportunity to
object to or restrict such disclosure requirement to the extent practicable, and then such disclosure shall be permitted
only subject to the terms and conditions of such order or other legal requirement.
7. TERMINATION
This Agreement is effective until terminated. End User may terminate this Agreement at any time by destroying all
copies of the Software and related materials. This Agreement is conditioned upon End User's continued compliance
with the Agreement and will terminate automatically and irrevocably if End User fails to comply with any material
term or condition of this Agreement. Matrox will provide written notice to End User of such termination in advance
where practical, or otherwise promptly following such termination. Such termination is without prejudice to Matrox's
other rights hereunder at law or in equity. In event of termination, End User must destroy all copies of the Software and
related materials and certify in writing and under oath that all such copies have been destroyed, and End User's license
and rights under this Agreement shall terminate. In the event of termination of this Agreement, the provisions of
Sections 2, 3, 4, 6, 7, 8 and 10 shall survive and will remain in full force and effect.
8. GENERAL
8.1. Matrox shall not be liable for delay or failure in performance resulting from acts beyond its reasonable control,
including but not limited to acts of God, acts of war, terrorism, riot, fire, flood, or other disaster, acts of government,
strike, lockout, communication line or power failure.
8.2. End User shall not have the right to assign the benefit of this Agreement without the prior written permission
from Matrox and then only under such conditions as Matrox may reasonably determine.
8.3. If any provision of this Agreement is declared by a body of competent jurisdiction to be invalid, such provision
shall be severed from this Agreement and the other provisions shall remain in full force and effect.
8.4. A term or condition of this Agreement can be waived or modified only with the written consent of both parties.
Forbearance or indulgence by either party in any regard shall not constitute a waiver of the term or condition to be
performed, and either party may invoke any remedy available under this Agreement or by law despite such forbearance
or indulgence.
8.5. The relationship between Matrox and you is that of an independent contractor and its customer and under no
circumstances shall either party, its agents or employees be deemed agents or representatives of the other party.
Neither party shall have the right to enter into any contracts or commitments in the name of or on behalf of the other
party in any respect whatsoever. In addition, neither party shall hold itself out to anyone, or otherwise represent, that it
has any such authority vis-a-vis the other party.
Both parties agree to comply with all applicable laws, rules, regulations, orders and ordinances of the state, province
and/or country where it resides and in any other state, province and/or country with jurisdiction over it or its activities
in performance of its obligations hereunder, including without limitation all applicable duty, taxes, import and/or
export regulations and all licensing or permit requirements.
8.6. This Agreement and any schedule attached hereto contains the complete and exclusive statement of the
agreement between the parties and supersedes all prior and contemporaneous agreements, including, but not limited to,
understandings, proposals, negotiations, representations or warranties of any kind whether oral or written with respect
to the subject matter hereof. No oral or written representation which is not expressly contained in this Agreement is
binding on Matrox or End User.
8.7. This Agreement will be governed by and construed in accordance with the laws of the Province of Quebec. The
United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
9. UNAUTHORIZED USE
THIS SOFTWARE AND ANY DOCUMENTATION RELATED THERETO ARE NOT DESIGNED, INTENDED,
AUTHORIZED OR WARRANTED TO BE SUITABLE FOR USE OR RESALE IN ANY TYPE OF SYSTEM OR