Sonic Blue Replay TV 5000 - Manual (Page 71)

65
Connections
Getting Sta
rted
Se
tu
p
Basi
c
Ope
rations
Ad
vanc
e
d
Fe
atures
He
lp
Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the
above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may have other rights which vary from state to state.
Software License Agreement
IMPORTANT -- READ CAREFULLY: By selecting “I agree, please continue Setup.” below and continuing with the setup process to begin using the software in
your ReplayTV Product (“Product”), you agree to be bound by the terms of this Software License Agreement (this “Agreement”). If you do not agree to the
terms of this Agreement, you may promptly return the Product to the point of purchase for a refund of your purchase price, or you may contact SONICblue
Incorporated (“SONICblue”) for instructions on where to ship the Product, at SONICblue’s cost, for a full refund of the purchase price after inspection.
License Grant; Restrictions
Subject to the terms of this Agreement, SONICblue grants you a non-exclusive, non-transferable license, without the right to sublicense, to use all software
included with the Product or subsequently provided to you, and related documentation (together, “Software”) solely for your internal, noncommercial use and
solely in connection with your use of the Product and access to the ReplayTV Service (“RTVS”). You acknowledge and agree that SONICblue may periodically
update, modify or enhance the Software remotely through the RTVS, and that any registration or other information provided by you may be used or disclosed by
SONICblue pursuant to the terms of SONICblue’s ReplayTV Privacy Policy, as that policy may be modified by SONICblue from time to time. You further agree
that: (a) use of the Software or the Product with any third party service competitive with the RTVS is a violation of this Agreement and is grounds for SON-
ICblue’s termination thereof; (b) you will not to attempt to modify, enhance, disassemble, decompile, reverse engineer or otherwise attempt to gain access to the
source code to the Software; and (c) you will not attempt to remove or unbundle the Software from the Product. Any resale or transfer of the Product by you will
be subject to the terms and conditions of this Agreement.
Ownership
SONICblue and its licensors own and retain all proprietary rights, including all patent, copyright, trade secret, trademark and other intellectual property rights, in
and to the Software and any corrections, bug fixes, enhancements, updates or other modifications to the Software. You acknowledge that the license granted
under this Agreement does not provide you with title to or ownership of the Software, but only a right of limited use under the terms and conditions of this
Agreement.
Confidential Information
You agree that the Software contains confidential information, including trade secrets, know-how and other information, that is the exclusive property of SON-
ICblue. You agree to keep this information confidential and to not use or disclose this information to any third party except as authorized by this Agreement.
No Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SONICBLUE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE
SOFTWARE OR THE RTVS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTIC-
ULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF
TRADE. NO WARRANTY IS MADE THAT USE OF THE SOFTWARE OR THE RTVS WILL BE ERROR FREE OR UNINTERRUPTED, THAT ANY
ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE FUNCTIONALITY OF THE SOFTWARE OR THE RTVS WILL MEET YOUR
REQUIREMENTS. BECAUSE SOME STATES/JURISDICTIONS DO NOT PERMIT ALL DISCLAIMERS OF WARRANTY, THESE LIMITATIONS MAY
NOT APPLY TO YOU.
Limitation of Liability
THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND THE PRODUCT REMAINS WITH YOU. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SONICBLUE AND ITS SUPPLIERS OR LICENSORS WILL NOT BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITA-
TION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR OTHER PECUNIARY LOSS)
ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE RTVS, EVEN IF SONICBLUE OR ITS