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serious injury or death to the operator of
the device or system,
or
to others due to a
malfunction (including, without limitation,
software related delay or failure) could
reasonably be foreseen.
(vii) unless the software is explicitly
licensed for the use with such platform(s),
use this Final Product on non-PC devices
like tablets, pda, portable players and
other
embedded
devices.
3.
It
is prohibited to modify, remove, suppress,
or
in
any other way make inconspicuous the
copyright, digital fingerprints, watermarks,
identification labels, legal notices contained
within the Software or other technical
protection devices or
data
identifying
Fluendo's or its licensors rights
in
the Software,
its files or its components.
4.
No right is granted herein to any third party
to use the Software, to the Licensee to use the
Software for any third party, or to the Licensee
to utilize the Software for any purpose
whatsoever not described herein.
OWNERSHIP
5.
Save for the right to use the Software and the
Documentation expressly
provided
for
in
this
License Agreement, the Licensee agrees and
acknowledges
that all title to and rights
in
the
Software, its components, structure,
databases, source
code
or design, and
in
the
Documentation, including without limitation all
copyright
trademarks, trade secrets, patents,
and all other intellectual or industrial property
rights and other confidential or proprietary
information contained therein remain the
property of Fluendo or its licensors.
LIABILITY
6.
TO THE MAXIMUM EXTENT PERMITTED
BY
LAW, AND PROVIDED THAT LIABILITY SHALL
NOT
BE
EXCLUDED
OR
LIMITED
IN
RESPECT
OF MALICIOUS INTENT OR GROSS
NEGLIGENCE, FLUENDO HEREBY
EXCLUDES ALL LIABILITY
IN
RESPECT
OF:
a) ANY LOSS, DAMAGES, CLAIMS
OR
COSTS
WHATSOEVER INCLUDING ANY
CONSEQUENTIAL, INDIRECT
OR
INCIDENTAL DAMAGES, ANY LOST PROFITS
OR
LOST SAVINGS, ANY DAMAGES
RESULTING FROM BUSINESS
INTERRUPTION,
OR
CLAIMS
BY
A THIRD
PARTY, EVEN
IF
A FLUENDO
REPRESENTATIVE HAS BEEN ADVISED
OF
THE POSSIBILITY OF SUCH LOSS,
DAMAGES, CLAIMS
OR
COSTS.
b) DAMAGES, CLAIMS OR LIABILITIES
ARISING OUT OF ANY OF THE FOLLOWING:
(i) THE CONTENT (INCLUDING WITHOUT
LIMITATION
ITS
NATURE
OR
ANY
INTELLECTUAL PROPERTY RIGHTS
THEREIN) AND/OR ANY OTHER DATA,
IMAGES, VIDEOS
OR
SOUNDS
WHATSOEVER THAT THE LICENSEE
MAY
ACCESS
OR
TRANSMIT USING THE
SOFTWARE;
(ii) LIABILITY TO ANY EMPLOYER,
PRINCIPAL, CLIENT, LESSOR
OR
PROVIDER OF COMPUTER EQUIPMENT
OR FACILITIES, ARISING OUT OF THE
INSTALLATION OF
OR
USE OF THE
SOFTWARE;
(iii) ANY CHARGES WHICH THE
LICENSEE MAY INCUR
TO
ANY
TELECOMMUNICATIONS SERVICE OR
NETWORK.
7.
FLUENDO EXPRESSLY EXCLUDES ALL
LIABILITY
IN
CONNECTION WITH ANY THIRD
PARTY APPLICATIONS
OR
THIRD PARTY
COMPONENTS THAT MAY
BE
INCLUDED
WITHIN THE SOFTWARE,
OR
YOUR USE
THEREOF.
8.
TO THE MAXIMUM EXTENT PERMITTED
BY
LAW, FLUENDO'S AGGREGATE LIABILITY
AND THAT OF
ITS
AFFILIATES AND
SUPPLIERS UNDER
OR
IN
CONNECTION
WITH THIS LICENSE AGREEMENT WILL
BE
LIMITED
IN
ANY CASE
TO
THE AMOUNT
PAID FOR THE SOFTWARE,
IF
ANY,
OR,
IF
HIGHER, TO THE MINIMUM AMOUNT
STIPULATED BY A COMPULSORY LAW.
INDEMNITY
9.
BY
DOWNLOADING, INSTALLING, USING
OR
UNINSTALLING THE SOFTWARE, THE
LICENSEE HEREBY AGREES TO, AT
ITS
OWN
EXPENSE, INDEMNIFY, DEFEND AND HOLD
HARMLESS FLUENDO,
ITS
PARENTS,
SUBSIDIARIES AND AFFILIATES,
ITS
BUSINESS PARTNERS, AND
ITS
AND THEIR
RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES AND AGENTS FROM AND
AGAINST ANY AND ALL LOSSES, DAMAGES,
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