36. Legal Information 543
THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO
ALL ASPECTS OF THIS EULA.
7. Basis of Bargain
The Warranty Disclaimer and Limited Liability set forth above are fundamental
elements of the basis of the agreement between HES and you. HES would not
be able to provide the Software on an economic basis without such limitations.
Such Warranty Disclaimer and Limited Liability inure to the benefit of 's
licensors.
8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
This Software and the documentation are provided with "RESTRICTED
RIGHTS" applicable to private and public licenses alike. Without limiting the
foregoing, use, duplication, or disclosure by the US Government is subject to
restrictions as set forth in this EULA and as provided in DFARS 227.7202-1(a)
and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR
12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable.
Manufacturer: High End Systems, Inc., 2105 Gracy Farms Lane, Austin,
Texas 78758 USA.
9. (Outside of the USA) Professional / Consumer End Users Only
This software is intended for use by professional end-users with specialized
knowledge. The limitations or exclusions of warranties and liability contained
in this EULA do not affect or prejudice the statutory rights of a consumer, i.e.,
a person acquiring goods otherwise than in the course of a business. The
limitations or exclusions of warranties, remedies or liability contained in this
EULA shall apply to you only to the extent such limitations or exclusions are
permitted under the laws of the jurisdiction where you are located.
10. Third Party Software
The Software may contain third party software which requires notices and/or
additional terms and conditions. Such required third party software notices and/or
additional terms and conditions are located at: www.highend.com/third-party and
are made a part of and incorporated by reference into this EULA. By accepting this
EULA, you are also accepting the additional terms and conditions, if any, set forth
therein.
MPEG. To the extent that the Software contains MPEG, the following applies: Any
use of the software other than personal use in any manner that complies with the
MPEG standard for encoding video information for packaged media is expressly
prohibited with out a license under applicable patents in the MPEG Patent
Portfolio, which License is available form MPEG LA, LLC 250 Steele Street, Suite
300 Denver Colourado 80206.
11. Termination
This EULA is effective until terminated. Your rights under this License will
terminate automatically without notice from HES if you fail to comply with any
term(s) of the EULA. Upon termination of this EULA, you shall cease use of
the Software and destroy all copies, full or partial, of the Software.
12. General
This EULA shall be governed by the internal laws of the State of Texas and of
the Federal Laws of the United States of America, without giving effect to
principles of conflict of laws. You hereby consent to the exclusive jurisdiction
and venue of the state and federal courts sitting in Travis County, Texas to
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