Matrox MXO2 PCIe Host Adapter User Manual

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Matrox End-User VFW Software Codec License Agreement ("Agreement")

OTHER APPLICATIONS RELATED TO, HAZARDOUS OR POTENTIALLY HAZARDOUS
ENVIRONMENTS OR APPLICATIONS REQUIRING HIGH-AVAILABILITY OR FAIL-SAFE
PERFORMANCE, WHERE PERSONAL INJURY OR DEATH MAY OCCUR, SUCH AS MEDICAL
SYSTEMS, LIFE SUSTAINING, LIFE SAVING SYSTEMS, OPERATION OF NUCLEAR FACILITIES,
AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, PUBLIC
WORKS, WEAPONS SYSTEMS, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF A
PRODUCT COULD LEAD TO PROPERTY DAMAGE, ENVIRONMENTAL DAMAGE, OR PERSONAL
INJURY. LICENSEE WILL NOT USE, OR PERMIT TO BE USED, THE PRODUCTS FOR SUCH
HIGH-AVAILABILITY, FAIL-SAFE OR CRITICAL APPLICATIONS AND FURTHER, LICENSEE AGREES
TO INDEMNIFY, DEFEND AND HOLD HARMLESS MATROX AND ITS MANAGERS, DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM AND
AGAINST ANY ACTION, SUIT , PROCEEDING, COST, EXPENSE, DAMAGES, AND LIABILITY
(INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES) ARISING OUT OF , OR
RELATED TO, THE BREACH OF LICENSEE'S OBLIGATIONS RELATED HERETO, EVEN IF SUCH
CLAIM ALLEGES THAT MATROX WAS NEGLIGENT REGARDING THE DESIGN OR MANUFACTURE
OF THE SOFTWARE.

10. CHOICE OF LAW

This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Quebec,
excluding any conflict of laws provisions. All disputes arising out of this Agreement shall be subject to the
exclusive jurisdiction of the courts of the Province of Quebec, district of Montreal, and the parties agree and
submit to the personal and exclusive jurisdiction and venue of these Courts.

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