Datasat LS10 - Page 12

LS10 Installation and Operating Guide Page 12
LS10 Installation & Operating Guide Document # 9301H66300 Ver. 1.01
4. Termination. Datasat Digital Entertainment may terminate this license at any time if you violate the
terms of this license. Upon termination, you must destroy the Software and related documentation.
5. LIMITATION ON WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF
DATASAT DIGITAL ENTERTAINMENT SOFTWARE AND HARDWARE IS AT YOUR SOLE RISK.
DATASAT DIGITAL ENTERTAINMENT DOES NOT WARRANT THAT THE OPERATION OF THE
SOFTWARE OR THE HARDWARE WILL BE UNINTERRUPTED OR ERROR FREE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DATASAT DIGITAL
ENTERTAINMENT SOFTWARE AND HARDWARE ARE PROVIDED “AS IS,” WITH ALL FAULTS
AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, AND NON-
INFRINGEMENT OF THIRD PARTY RIGHTS, ALL OF WHICH ARE HEREBY EXPRESSLY
DISCLAIMED.
6. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE, SHALL DATASAT DIGITAL ENTERTAINMENT OR ITS DIRECTORS,
OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR PERSONAL INJURY, OR ANY
INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA,
BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING
OUT OF OR RELATED TO YOUR USE OF THE DATASAT DIGITAL ENTERTAINMENT
SOFTWARE OR HARDWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF
LIABILITY AND EVEN IF DATASAT DIGITAL ENTERTAINMENT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DATASAT DIGITAL
ENTERTAINMENT’S LIABILITY EXCEED THE AMOUNT PAID TO DATASAT DIGITAL
ENTERTAINMENT. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU.
7. General. This License will be construed according to the substantive law, but not the choice of law
rules, of the State of California and of applicable federal law of the United States. If any dispute
arises under this License, the venue for such dispute will be in the California Superior Courts and the
Federal District Court for the Central District of California located in Los Angeles, California. In any
action brought by either party arising out of this License, the prevailing party shall be entitled to
recover its reasonable attorney’s fees and costs. If any provision of this License is held by a court of
competent jurisdiction to be unenforceable or if a provision of this License is waived by either party,
the remainder of this License shall remain in full force and effect. You may not assign this License
without the prior, express written consent of Datasat Digital Entertainment.