3DLABS Oxygen GVX1 Pro - Manual (Page 29)

Software License
3Dlabs Graphics Accelerator Card User's Manual 23
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3Dlabs, Inc. warrants that the SOFTWARE AND FEATURES licensed to you under this
AGREEMENT will perform in accordance with 3Dlabs, Inc. published specifications for
use on the same operating system as used by you at the time of purchase of the
SOFTWARE or the system on which the SOFTWARE is initially mounted or installed
(WARRANTY) for a period of ninety (90) days after the date of delivery to you as
evidenced by your receipt (WARRANTY PERIOD). If the SOFTWARE or FEATURES
does not conform during the WARRANTY PERIOD, you agree to provide written notice
of such failure to 3Dlabs, Inc. and 3Dlabs, Inc. will, at its sole option, repair or replace
the SOFTWARE. 3Dlabs, Inc. does not warrant that the use of the SOFTWARE or
FEATURES will be uninterrupted or error- free and hereby disclaims all liability on
account thereof. THE REMEDIES PROVIDED HEREIN ARE YOUR SOLE AND
EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY. THIS WARRANTY IS IN LIEU
OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT AND
FITNESS FOR A PARTICULAR PURPOSE. SOME STATES OR COUNTRIES DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.
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NOTWITHSTANDING ANY PROVISION IN THIS LICENSE TO THE CONTRARY,
NEITHER 3DLABS, INC. NOR ITS LICENSORS OR SUPPLIERS WILL BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, HOWEVER
CAUSED, OR ANY THEORY OF LIABILITY, WHETHER OR NOT 3DLABS, INC., ITS
LICENSORS OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE OR LOSS. IN NO EVENT SHALL 3DLABS, INC., ITS LICENSORS’ OR
SUPPLIERS’ LIABILITY ARISING UNDER THIS LICENSE EXCEED THE AMOUNT PAID
BY YOU [FOR THE PRODUCT OR SOFTWARE] GIVING RISE TO SUCH LIABILITY.
THIS LIMITATION IS INTENDED TO LIMIT THE LIABILITY OF 3DLABS, INC., ITS
LICENSORS OR ITS SUPPLIERS AND SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES OR
COUNTRIES MAY NOT ALLOW THE FOREGOING LIMITATION, SO THE FOREGOING
MAY NOT APPLY TO YOU.
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Use, duplication or disclosure by the United States Government is subject to
restrictions as set forth in subparagraphs ©(1) and ©(2) of the Commercial Computer
Software - Restricted Rights clause at FAR Section 52.277-19 or ©(1)(ii) of the Rights
in Technical Data and Computer Software clause at DFARS Section 252.277-7013, as
applicable. Unpublished - rights reserved under the copyright laws of the United
States. Contractor: 3Dlabs Inc., Ltd., 480 Potrero Avenue, Sunnyvale, California
94086.
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You may terminate the license granted hereunder at any time by destroying all copies,
[mergers or modifications] of the SOFTWARE, FEATURES and accompanying
materials. 3Dlabs, Inc. may immediately terminate the license granted to you
hereunder upon notice for failure to comply with the terms and conditions of this