Limited liability, Confidentiality, Restricted rights notice – 3DLABS Oxygen 402 User Manual

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Installation and User’s Guide

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LIMITED LIABILITY

LIMITED LIABILITY

NOTWITHSTANDING ANY PROVISION IN THIS LICENSE TO THE CONTRARY, DYNAMIC
PICTURES, INC. OR ITS LICENSORS WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, OR ANY THEORY OF
LIABILITY, WHETHER OR NOT DPI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE OR LOSS. IN NO EVENT SHALL DYNAMIC PICTURES, INC. LIABILITY ARISING
UNDER THIS LICENSE EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE GIVING
RISE TO SUCH LIABILITY. THIS LIMITATION IS INTENDED TO LIMIT THE LIABILITY OF DPI
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.

CONFIDENTIALITY

CONFIDENTIALITY

The SOFTWARE contains confidential trade secret information belonging to Dynamic Pictures,
Inc. or its licensors, and you may use the SOFTWARE only pursuant to the license set forth
herein. In addition, you may not disclose the SOFTWARE to any third party.

RESTRICTED RIGHTS NOTICE

RESTRICTED RIGHTS NOTICE

Use, duplication or disclosure by the United States Government is subject to restrictions as set
forth in subparagraphs (c)(1) and (c)(2) of the Commercial Computer Software - Restricted
Rights clause at FAR Section 52.277-19 or (c)(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 Unpublished - rights reserved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: Dynamic Pictures, Inc., 5225 Betsy Ross
Drive, Santa Clara, California 95054.

You may terminate this License at any time by destroying all copies, mergers or modifications of
the SOFTWARE and accompanying materials. Dynamic Pictures, Inc. may immediately terminate
your License upon notice for failure to comply with the terms and conditions of this License.
Upon such termination, you agree to destroy all copies, mergers and modifications of the
SOFTWARE and accompanying documents. You agree that a breach of this License will result in
irreparable damages to Dynamic Pictures, Inc. This License is the entire agreement between you
and Dynamic Pictures, Inc. with respect to the use and licensing of the SOFTWARE, and
supersedes all proposals, warranties, prior agreements or any other communications between the
parties relating to the subject matter hereof. This License will be governed by and construed in
accordance with the laws of California without regard to conflicts of law principles or the UN
Convention on the Sale of Goods. If for any reason a court of competent jurisdiction finds any
provision of this License, or portion thereof, to be unenforceable, that provision of the License
shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and
the remainder of this License shall continue in full force and effect. Should you have any questions
concerning this License, please write to: Dynamic Pictures, Inc., 5225 Betsy Ross Drive, Santa
Clara, California 95054.

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