NewTek TriCaster Studio User Manual

Page 16

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2. Restrictions

The Software contains trade secrets in its human perceivable form and, to protect them, YOU MAY NOT
REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN
PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, 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.

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