NewTek 3Play 330 User Manual

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LOAN, RESELL FOR PROFIT, OR CREATE ANY MODIFICATIONS OR OTHER DERIVATIVE WORKS
BASED UPON THE SOFTWARE OR ANY PART THEREOF.

3. Termination

This License is effective until terminated. This License will terminate immediately without notice
from NEWTEK or judicial resolution if you fail to comply with any provision of this License. Upon
such termination you must destroy the Software, all accompanying written materials and all copies
thereof. You may also terminate this License at any time by destroying the Software, all
accompanying written materials and all copies thereof.

4. Export Law Assurances

You agree that neither the Software nor any direct product thereof is being or will be shipped,
transferred or re-exported, directly or indirectly, into any country prohibited by the United States
Export Administration Act and the regulations thereunder or will be used for any purpose
prohibited by the Act.

5. Limited Warranty and Disclaimer, Limitation of Remedies and Damages.

YOU ACKNOWLEDGE THAT THE SOFTWARE MAY NOT SATISFY ALL YOUR REQUIREMENTS OR BE
FREE FROM DEFECTS. NEWTEK WARRANTS THE MEDIA ON WHICH THE SOFTWARE IS RECORDED
TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR 90
DAYS FROM PURCHASE, BUT THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE
LICENSED "AS IS." ALL IMPLIED WARRANTIES AND CONDITIONS (INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED.
YOUR EXCLUSIVE REMEDY FOR BREACH OF WARRANTY WILL BE THE REPLACEMENT OF THE MEDIA
OR REFUND OF THE PURCHASE PRICE. IN NO EVENT WILL NEWTEK OR ITS DEVELOPERS,
DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL,
INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), WHETHER
FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OR INABILITY TO USE THE
SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM
AND EVEN IF NEWTEK OR AN AUTHORIZED NEWTEK REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.

The above limitations will not apply in case of personal injury only where and to the extent that
applicable law requires such liability. Because some jurisdictions do not allow the exclusion or
limitation of implied warranties or liability for consequential or incidental damages, the above
limitations may not apply to you.

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