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CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE),
EVEN IF ARCSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT WILL ARCSOFT BE LIABLE TO YOU
FOR DAMAGES IN AN AMOUNT GREATER THAN THE FEES PAID
FOR THE USE THE FOREGOING LIMITATIONS APPLY TO THE
EXTENT PERMITTED BY APPLICABLE LAWS IN YOUR
JURISDICTION.
7. Export. You will not export or re-export the product
incorporating the Software without the appropriate United States
or foreign government licenses.
8. U.S. Government Restricted Rights. If you are a unit or agency
of the United States government, the Software and related
documentation are deemed to be "commercial computer software"
and "commercial computer software documentation," respectively,
pursuant to DFAR Section 227.7202 and FAR Section 12.212(b),
as applicable. Any use, modification, reproduction, release,
performing, displaying or disclosing of the Software and/or the
related documentation by the United States government shall be
governed solely by the terms of this Agreement and shall be
prohibited except to the extent expressly permitted by the terms
of this Agreement. Any technical data provided that is not covered
by the above provisions is deemed to be "technical
data?commercial items" pursuant to DFAR Section 227.7015(a).
Any use, modification, reproduction, release, performing,
displaying or disclosing of such technical data shall be governed
by the terms of DFAR Section 227.7015(b).
9. Termination. THIS AGREEMENT SHALL BE EFFECTIVE UPON
INSTALLATION OF THE SOFTWARE AND SHALL TERMINATE UPON
THE EARLIER OF: (i) YOUR FAILURE TO COMPLY WITH ANY TERM
OF THIS AGREEMENT; OR (ii) RETURN, DESTRUCTION OR
DELETION OF ALL COPIES OF THE SOFTWARE IN YOUR
POSSESSION. ArcSoft's rights and your obligations shall survive
the termination of this Agreement.
10. High Risk Activities. The Software is not fault-tolerant and is
not designed or intended for use in hazardous environments
requiring fail-safe performance, or any other application in which
the failure of the Software could lead directly to death, personal
injury, or severe physical or property damage (collectively, "High
Risk Activities"). ARCSOFT EXPRESSLY DISCLAIMS ANY EXPRESS
OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
11. Governing Law and Jurisdiction. This Agreement will be
governed by and construed under the laws of the State of
California and the United States as applied to agreements entered
into and to be performed entirely within California, without regard
to conflicts of laws provisions thereof and the parties expressly