Bedienungsanleitung Netgear EVA9150 (Seite 104 von 104) (Englisch)

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Digital Entertainer Elite EVA9000/9150 User Manual

v1.0, March 2009

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 5 ABOVE AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF SUCH EXCLUSIVE REMEDY OR

OF ITS ESSENTIAL PURPOSE. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY AND DAMAGES

SHALL NOT APPLY TO CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY.

7. You may not export or re-export the Software without: (a) the prior written consent of NETGEAR, (b) complying with applicable

export control laws, including, but not limited to, restrictions and regulations of the Department of Commerce or other United

States agency or authority, and (c) obtaining any necessary permits and licenses. In any event, You may not transfer or authorize

the transfer of the Software to a prohibited territory or country or otherwise in violation of any applicable restrictions or

regulations.

8. The Software and documentation are considered “commercial computer software” and “commercial computer software

documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Use, duplication or

disclosure of the Software and documentation by the U.S. Government is subject to the restrictions set forth in DFAR Section

227.7202 for military agencies and FAR Section 12.212 for civilian agencies. THIS AGREEMENT IS GOVERNED BY THE

LAWS OF THE STATE OF CALIFORNIA, U.S.A., WITHOUT REFERENCE TO ITS CONFLICT OF LAWS PRINCIPLES.

THIS AGREEMENT WILL NOT BE GOVERNED BY THE U.N. CONVENTION ON CONTRACTS FOR THE

INTERNATIONAL SALES OF GOODS. ANY DISPUTE BETWEEN YOU AND NETGEAR ARISING UNDER THIS

AGREEMENT SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF

CALIFORNIA. This Agreement is the entire agreement between You and NETGEAR regarding the subject matter herein and

supersedes any other communications with respect to the Software. If any provision of this Agreement is held invalid or

unenforceable, the remainder of this Agreement will continue in full force and effect. Failure to prosecute a party’s rights with

respect to a default hereunder will not constitute a waiver of the right to enforce rights with respect to the same or any othe

breach.

9. Should you have any questions relating to this Agreement, or if you desire to contact NETGEAR for any reason, please call 1-

888-NETGEAR.

Netgear EVA9150 Seite 104

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