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2. Subject to the restrictions set forth below, NETGEAR grants You a nonexclusive, personal,
nontransferable, perpetual (subject to Section 5) license to install and use 1 copy of the provided version
of the Software in object code format, for internal and personal purposes only, on 1 computer. The
Software is “in use” on a computer when it is loaded into the temporary memory or installed into the
permanent memory of a computer. The license granted hereunder shall not be effective until You have
paid all fees in full. Except for the license rights granted above, NETGEAR and NETGEAR’s licensors
retain all right, title and interest in and to the Software, including all intellectual property rights therein.
YOU MAY NOT (AND MAY NOT ALLOW A THIRD PARTY TO) (a) RENT, LEASE,
SUBLICENSE, SELL, ASSIGN, LOAN, USE FOR TIMESHARING OR SERVICE BUREAU
PURPOSES OR OTHERWISE TRANSFER THE SOFTWARE OR ANY OF YOUR RIGHTS AND
OBLIGATIONS UNDER THIS AGREEMENT; (b) reverse engineer, decompile, disassemble or attempt
to reconstruct, identify or discover any source code, underlying ideas, underlying user interface
techniques or algorithms of the Software by any means whatsoever, except to the extent the foregoing
restrictions are expressly prohibited by applicable law; (c) remove or destroy any copyright notices or
other proprietary markings; (d) attempt to circumvent any use restrictions; (e) modify or adapt the
Software, merge the Software into another program or create derivative works based on the Software; (f)
use, copy or distribute the Software without NETGEAR’s written authorization, excepting 1 copy for
archival or backup purposes only; or (g) use the Software or the Digital Entertainer HD Model EVA8000
for commercial use. YOU MAY NOT (AND MAY NOT ALLOW A THIRD PARTY TO) COPY,
REPRODUCE, CAPTURE, STORE, RETRANSMIT, DISTRIBUTE, OR BURN TO CD (OR ANY
OTHER FORMAT) ANY COPYRIGHTED CONTENT (INCLUDING BUT NOT LIMITED TO
MUSICAL AND MUSIC-RELATED) THAT YOU ACCESS OR RECEIVE THROUGH USE OF THE
SOFTWARE. YOU ASSUME ALL RISK AND LIABILITY, CIVIL AND CRIMINAL, FOR ANY
SUCH PROHIBITED USE OF COPYRIGHTED CONTENT.
3. THIS AGREEMENT SHALL BE EFFECTIVE UPON INSTALLATION OF THE SOFTWARE AND
SHALL TERMINATE UPON THE EARLIER OF: (A) YOUR FAILURE TO COMPLY WITH ANY
TERM OF THIS AGREEMENT OR (B) RETURN, DESTRUCTION OR DELETION OF ALL
COPIES OF THE SOFTWARE IN YOUR POSSESSION. NETGEAR’s rights and your obligations shall
survive any termination of this Agreement. Upon termination of this Agreement, You shall certify in
writing to NETGEAR or such NETGEAR licensor that all copies of the Software have been destroyed or
deleted from any of your computer libraries or storage devices.
4. NETGEAR warrants that the Software will perform substantially in accordance with the documentation
accompanying the Software for a period of 90 days after your initial receipt of the Software.
NETGEAR’s entire liability and your exclusive remedy for breach of this warranty shall be repair or
replacement of the Software. This limited warranty shall be void if failure of the Software has resulted
from any accident, abuse, misuse or misapplication by You. EXCEPT AS SET FORTH ABOVE, THE
SOFTWARE IS PROVIDED ON AN “AS IS” BASIS. YOU ASSUME ALL RESPONSIBILITY FOR
SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE
INSTALLATION OF, USE OF AND RESULTS OBTAINED FROM THE SOFTWARE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NETGEAR DISCLAIMS ALL
WARRANTIES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, QUALITY,
ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND FITNESS FOR YOUR PURPOSE
WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS.
THERE IS NO WARRANTY AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE
SOFTWARE OR AGAINST INFRINGEMENT. NETGEAR DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, BE
UNINTERRUPTED OR ERROR-FREE, OR THAT ALL DEFECTS IN THE SOFTWARE WILL OR
CAN BE CORRECTED.
5. In the event that a claim alleging infringement or misappropriation of an intellectual property right arises
concerning the Software, NETGEAR in its sole discretion may elect to defend or settle such claim.
NETGEAR, in the event of such claim, may also in its sole discretion, elect to terminate this Agreement
and all rights to use the Software and require the return and/or destruction of the Software, with a refund
of the fees paid for use of the Software less a reasonable allowance for use and shipping. THE
FOREGOING ARE NETGEAR’S SOLE EXCLUSIVE OBLIGATIONS, AND YOUR SOLE AND
EXCLUSIVE REMEDIES, WITH RESPECT TO INFRINGEMENT AND/OR MISAPPROPRIATION
OF ANY INTELLECTUAL PROPERTY RIGHT.