Netgear MP101 User's Guide download pdf (Page 4)

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 MP101 Digital

Music Player 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.

6. UNDER NO CIRCUMSTANCES WILL NETGEAR OR ITS LICENSORS BE LIABLE FOR ANY

CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER

(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF

BUSINESS INFORMATION, LOSS OF DATA OR OTHER SUCH PECUNIARY LOSS), WHETHER BASED

ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT

LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE,

EVEN IF NETGEAR AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES. IN NO EVENT SHALL NETGEAR’S AND ITS LICENSORS’ AGGREGATE LIABILITY FOR

DAMAGES ARISING OUT OF THIS AGREEMENT EXCEED THE FEES PAID BY YOU FOR THE

SOFTWARE. THE FOREGOING LIMITATIONS ARE INDEPENDENT OF THE EXCLUSIVE REMEDY

PROVIDED IN SECTION 6 ABOVE AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF SUCH

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