Hi5-Plus Mini-Converter v1.7r1 29 www.aja.com
price of the product containing the AJA Software or an update to or replacement of
the AJA Software (or applicable component of it). THIS LIMITED WARRANTY AND ANY
IMPLIED WARRANTIES ON THE AJA SOFTWARE INCLUDING, BUT NOT LIMITED TO,
ANY WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OR OF FITNESS
FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM
THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG A WARRANTY LASTS, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,
AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
8. Disclaimer of Other Warranties on AJA Software. EXCEPT FOR THE LIMITED
WARRANTY ON AJA SOFTWARE SET FORTH ABOVE, AJA AND AJA'S LICENSORS
(COLLECTIVELY REFERRED TO AS "AJA" FOR THE PURPOSES OF SECTIONS 8 AND 9)
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE AJA
SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY,
OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY,
AND OF QUIET ENJOYMENT. FURTHER, AJA DOES NOT MAKE ANY WARRANTY
REGARDING NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SUBJECT ONLY TO THE
LIMITED WARRANTY SET FORTH IN SECTION 7, YOU EXPRESSLY ACKNOWLEDGE
AND AGREE THAT USE OF THE AJA SOFTWARE IS AT YOUR SOLE RISK. AJA DOES NOT
WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE AJA SOFTWARE,
THAT THE AJA SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION
OF THE AJA SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS
IN THE AJA SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY AJA OR AN AJA AUTHORIZED REPRESENTATIVE WILL CREATE
A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER,
SO SOME OR ALL OF THE TERMS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
9. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL
AJA BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR LOST PROFITS WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER
COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE
OR INABILITY TO USE THE AJA SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE
THEORY OF LIABILITY (E.G., WHETHER UNDER CONTRACT, TORT OR OTHERWISE)
AND EVEN IF AJA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT WILL AJA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (INCLUDING WITHOUT
LIMITATION BREACH OF WARRANTY) EXCEED THE AMOUNT OF FIFTY DOLLARS
($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ANY REMEDY SET
FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE TERMS OF THIS
PARAGRAPH MAY NOT APPLY TO YOU.
10. Export Law Assurances. You may not use or otherwise export or reexport the AJA
Software except as authorized by United States law and the laws of the jurisdiction in
which the AJA Software was obtained. In particular, but without limitation, the AJA
Software may not be exported or re-exported (a) into (or to a national or resident of)
any U.S. embargoed countries, or (b) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Department of Commerce Denied
Persons List or Entity List or any similar legal designation. By using the AJA Software,
you represent and warrant that you are not located in, under control of, or a national
or resident of any such country or on any such list.
11. Government End Users. The AJA Software including its documentation
is a "Commercial Item", as that term is defined at 48 C.F.R. § 2.101, consisting
of "Commercial Computer Software" and "Commercial Computer Software
Documentation", as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202 (or
their successors), as applicable. Consistent with these provisions, the AJA Software
is licensed to U.S. Government end users (a) only as a Commercial Item and (b) with
only those rights as are granted to all other end users pursuant to this Agreement.
Unpublished-rights reserved under the copyright laws of the United States.
12. Controlling Law and Severability. This Agreement will be governed by and
construed in accordance with the laws of the State of California, as applied to
agreements entered into and to be performed entirely within California between
California residents. This Agreement will not be governed by the United Nations
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