AJA and Adobe Applications Quick Start Guide v15.5 41 www.aja.com
7. Limited Warranty on AJA Software. If you comply with all terms of this
Agreement and use the AJA Software in accordance with its documentation, and
you install any patches or other updates made available to the AJA Software by AJA,
AJA warrants that the AJA Software will perform substantially in accordance with its
documentation for a period of ninety (90) days from the date of your original retail
purchase. Your exclusive remedy under this warranty will be, at AJA’s option, a refund
of the purchase price of the product containing the AJA Software or an update to
or replacement of the AJA Software (or applicable component of it). THIS LIMITED
WARRANTY AND ANY IMPLIED WARRANTIES ON THE AJA SOFTWARE INCLUDING,
BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY
QUALITY, OR OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION
TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG A WARRANTY LASTS,
SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY
BY JURISDICTION.
8. Disclaimer of Other Warranties on Aja Software. EXCEPT FOR THE
LIMITED WARRANTY ON AJA SOFTWARE SET FORTH ABOVE, AJA AND AJA'S
LICENSORS (COLLECTIVELY REFERRED TO AS "AJA" FOR THE PURPOSES OF SECTIONS 8
AND 9) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE
AJA SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY,
OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY,
AND OF QUIET ENJOYMENT. FURTHER, AJA DOES NOT MAKE ANY WARRANTY
REGARDING NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SUBJECT ONLY TO THE
LIMITED WARRANTY SET FORTH IN SECTION 7, YOU EXPRESSLY ACKNOWLEDGE
AND AGREE THAT USE OF THE AJA SOFTWARE IS AT YOUR SOLE RISK. AJA DOES NOT
WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE AJA SOFTWARE,
THAT THE AJA SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION
OF THE AJA SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS
IN THE AJA SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY AJA OR AN AJA AUTHORIZED REPRESENTATIVE WILL CREATE
A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER,
SO SOME OR ALL OF THE TERMS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
9. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW,
IN NO EVENT WILL AJA BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL,
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOST PROFITS WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, BUSINESS
INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING
OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE AJA SOFTWARE,
HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (E.G., WHETHER
UNDER CONTRACT, TORT OR OTHERWISE) AND EVEN IF AJA HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. In no event will AJA's total liability to you for
all damages (INCLUDING WITHOUT LIMITATION BREACH OF WARRANTY) exceed
the amount of fifty dollars ($50.00). The foregoing limitations will apply even if
the any remedy set forth in this agreement fails of its essential purpose. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY,
OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE TERMS
OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
10. Export Law Assurances. You may not use or otherwise export or
reexport the AJA Software except as authorized by United States law and the laws of
the jurisdiction in which the AJA Software was obtained. In particular, but without
limitation, the AJA Software may not be exported or re-exported (a) into (or to a
national or resident of) any U.S. embargoed countries, or (b) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S. Department
of Commerce Denied Persons List or Entity List or any similar legal designation. By
using the AJA Software, you represent and warrant that you are not located in, under
control of, or a national or resident of any such country or on any such list.