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PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES,
LOSS OF BUSINESS INFORMATION, OR ANY OTHER
PECUNIARY LOSS) REGARDLESS OF CAUSE OR FORM OF
ACTION, INCLUDING CONTRACT, TORT, OR NEGLIGENCE,
ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE
PROGRAM, EVEN IF AUDIOVOX HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES
AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY OF CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
(b) YOU ASSUME RESPONSIBILITY FOR THE SELECTION OF THE
APPROPRIATE PROGRAM TO ACHIEVE YOUR INTENDED
RESULTS, AND FOR THE INSTALLATION, USE, AND RESULTS
OBTAINED.
7. WINDOWS MEDIA
This product is protected by certain intellectual property rights
of Microsoft. Use or distribution f such technology outside of
this product is prohibited without a license from Microsoft.
The software embedded within your Device (the “Device
Firmware”) contains software licensed from Microsoft that
enables you to play Windows Media Audio (WMA) files (“WMA
Software”). The WMA Software is licensed to you for use with
your Device under the following conditions. By installing and
using this version of the Device Firmware, you are agreeing to
these conditions. IF YOU DO NOT AGREE TO THE END USER
CONDITIONS OF THIS SECTION 7, DO NOT INSTALL OR USE THIS
VERSION OF THE DEVICE FIRMWARE.
The WMA Software is protected by copyright and other
intellectual property laws. This protection also extends to
documentation for the WMA Software, whether in written or
electronic form.
GRANT OF LICENSE. The WMA Software is only licensed to you
as follows:
You may use this version of the Device Firmware containing the
WMA Software only as such use relates to your Device.
You may not reverse engineer, decompile, or disassemble the
WMA Software, except and only to the extent that such activity
is expressly permitted by applicable law.
You may transfer your right to use the Device Firmware only as
part of a sale or transfer of your Device, on the condition that
the recipient agrees to the conditions set forth herein. If the
version of the Device Firmware that you are transferring is an
upgrade, you must also transfer all prior versions of the Device
Firmware that you have which include the WMA Software.
MICROSOFT IS NOT PROVIDING ANY WARRANTY OF ANY KIND
TO YOU FOR THE WMA SOFTWARE, AND MICROSOFT MAKES NO
REPRESENTATION CONCERNING THE OPERABILITY OF THE WMA
SOFTWARE.
The WMA Software is of U.S. origin. Any export of this version of
the Device Firmware must comply with all applicable
international and national laws, including the U.S. Export
Administration Regulations, that apply to the WMA Software
incorporated in the Device Firmware.
8. RealNetworks, Inc.
Portions of this software are included under license from
RealNetworks, Inc. Copyright 1995-2007, RealNetworks, Inc. All
rights reserved.
The portions of the Program licensed from RealNetworks, Inc.
(“RN”) are provided AS IS WITHOUT WARRANTY OF ANY KIND. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RN
FURTHER DICLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY
LAW IN NO EVENT SHALL RN BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR
OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF PROFITS). BECAUSE SOME STATES AND
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You may not modify, translate, reverse engineer, decompile,
disassemble (except to the extent that this restriction is expressly
prohibited by applicable law) or use other means to discover the
RN Source Code or otherwise replicate the functionality of the
Real Format Client Code.
9. THIRD PARTY SOFTWARE
ANY THIRD PARTY SOFTWARE THAT MAY BE PROVIDED WITH THE
PROGRAM IS INCLUDED FOR USE AT YOUR OPTION. IF YOU
CHOOSE TO USE SUCH THIRD PARTY SOFTWARE, THEN SUCH USE
SHALL BE GOVERNED BY SUCH THIRD PARTY'S LICENSE
AGREEMENT, AN ELECTRONIC COPY OF WHICH WILL BE
INSTALLED IN THE APPROPRIATE FOLDER ON YOUR COMPUTER
UPON INSTALLATION OF THE SOFTWARE. AUDIOVOX IS NOT
RESPONSIBLE FOR ANY THIRD PARTY’S SOFTWARE AND SHALL
HAVE NO LIABILITY FOR YOUR USE OF THIRD PARTY SOFTWARE.
10. GOVERNING LAW
If you acquired this Device in the United States, this EULA shall
be governed and construed in accordance with the laws of the
State of New York, U.S.A. without regard to its conflict of laws
principles. If you acquired this Device outside the United States
or the European Union, then local law may apply.
11. GENERAL TERMS
This EULA can only be modified by a written agreement signed
by you and AUDIOVOX, and changes from the terms and
conditions of this EULA made in any other manner will be of no
effect. If any portion of this EULA shall be held invalid, illegal, or
unenforceable, the validity, legality, and enforceability of the
remainder of the Agreement shall not in any way be affected or
impaired thereby. This EULA is the complete and exclusive
statement of the agreement between you and AUDIOVOX, which
supersedes all proposals or prior agreements, oral or written, and
all other communications between you and AUDIOVOX, relating
to the subject matter of this hereof. AUDIOVOX’S Licensors shall
be considered third party beneficiaries of this Agreement and
shall have the right to enforce the terms herein.
“AUDIOVOX SUBSIDIARY” shall mean any person, corporation, or
other organization, domestic or foreign, including but not limited
to subsidiaries, that is directly or indirectly controlled by
Audiovox Corporation including, but not limited to, Audiovox
Consumer Electronics, Inc. and Audiovox Electronics Corporation.
For purposes of this definition only, the term “control” means the
possession of the power to direct or cause the direction of the
management and policies of an entity, whether by ownership of
voting stock or partnership interest, by contract, or otherwise,
including direct or indirect ownership of at least fifty percent
(50%) of the voting interest in the entity in question.