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© 2008 Silicon Imaging, Inc Page 37
Silicon Imaging does not provide any, and expressly disclaims all, warranty or representation for these video
sample files.
9. LIMITED WARRANTY. If the Software is delivered on physical or optical media, Silicon Imaging warrants
the media on which the Software is furnished to be free of defects in material and workmanship, under normal
use, for a period of thirty (30) days following the date of delivery to You. If there is defect in the media, Silicon
Imaging’s sole liability shall be to replace the defective media, which has been returned to Silicon Imaging or
the supplier with your dated invoice and is shown to be defective. In the event that Silicon Imaging is unable to
replace defective media, Silicon Imaging shall at its sole discretion either refund your money upon your
termination of this license or replace with the newer version of the same software.
If the Software is delivered by electronic download, no warranty is provided or implied.
EXCEPT ONLY AS EXPRESSLY STATED IN THIS AGREEMENT, THIS SOFTWARE AND
DOCUMENTATION ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. FURTHER, SILICON IMAGING
DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR
THE RESULTS OF USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS,
ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. AFTER THE EXPIRATION OF THE INITIAL
30 DAY PERIOD AFTER DELIVERY TO YOU, NONE OF SILICON IMAGING OR ANY OF ITS DEALERS,
DISTRIBUTORS, AGENTS OR REPRESENTATIVES SHALL HAVE ANY LIABILITY FOR REPAIR,
REPLACEMENT OR OTHER RECOURSE RELATED TO THE SOFTWARE OR ITS DOCUMENTATION.
EXCEPT FOR ANY EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT, SILICON IMAGING
DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, RELATING TO THE SOFTWARE,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT, REGARDLESS OF WHETHER IT IS MADE BY
SILICON IMAGING. SILICON IMAGING DOES NOT WARRANT THAT THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
SILICON IMAGING, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A
WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY
ON ANY SUCH INFORMATION OR ADVICE.
SILICON IMAGING’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY IS LIMITED TO THE 30-DAY
REFUND RIGHT SET FORTH ABOVE. NEITHER SILICON IMAGING NOR ANYONE ELSE WHO HAS
BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE
LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS
INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE
SUCH PRODUCT EVEN IF SILICON IMAGING HAS BEEN ADVISED OF THE POSSBILITY OF SUCH
DAMAGES.
IN NO EVENT WILL SILICON IMAGING'S LIABILITY FOR ANY DAMAGES TO YOU OR ANY OTHER
PERSON EXCEED THE AMOUNT PAID FOR THE LICENSE TO USE THE SOFTWARE.
9. INDEMNITY. You agree that Silicon Imaging shall have no liability whatsoever for any use You make of the
Software. You shall indemnify and hold Silicon Imaging harmless from any claims, damages, liabilities, costs
and fees (including reasonable attorney fees) arising from Your use of the Software as well as from Your
failure to comply with any term of this Agreement.
10. TERM AND TERMINATION. This Agreement shall continue until terminated as set forth in this section.
You may terminate this Agreement at any time. Silicon Imaging may terminate this Agreement immediately if
You violate any provision of this Agreement. Any termination of this Agreement shall also terminate the
licenses granted hereunder. Upon termination of this Agreement for any reason, You shall destroy and remove
from all computers, hard drives, networks, and other storage media all copies of the Software, shall cease all
use of the Software, and shall so certify to Silicon Imaging that such actions have occurred. Except for a
properly requested refund within the first 30 days after delivery, You shall not be entitled to any refund as a