You may not separate the components of the Software Program for use on more than one computer. ![]() If Funai has licensed the Software Program to you for concurrent use, you must limit the number of authorized users to the number specified in your agreement with Funai. The term "Use" means storing, loading, installing, executing, or displaying the Software Program. Funai grants you the following rights provided you comply with all terms and conditions of this License Agreement: Use. THE FOREGOING LIMITATIONS APPLY EVEN IF THE ABOVE-STATED REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. ![]() IN NO EVENT WILL FUNAI, ITS SUPPLIERS, SUBSIDIARIES, OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUES, LOST SAVINGS, INTERRUPTION OF USE OR ANY LOSS OF, INACCURACY IN, OR DAMAGE TO, DATA OR RECORDS, FOR CLAIMS OF THIRD PARTIES, OR DAMAGE TO REAL OR TANGIBLE PROPERTY, FOR LOSS OF PRIVACY ARISING OUT OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PROGRAM, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS SOFTWARE LICENCE AGREEMENT), REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY OR CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), AND EVEN IF FUNAI, OR ITS SUPPLIERS, AFFILIATES, OR REMARKETERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY YOU BASED ON A THIRD-PARTY CLAIM, EXCEPT TO THE EXTENT THIS EXCLUSION OF DAMAGES IS DETERMINED LEGALLY INVALID. ![]() YOUR SOLE REMEDY AGAINST FUNAI IN ANY DISPUTE UNDER THIS LICENSE AGREEMENT SHALL BE TO SEEK TO RECOVER ONE OF THESE AMOUNTS, UPON PAYMENT OF WHICH FUNAI SHALL BE RELEASED AND DISCHARGED OF ALL FURTHER OBLIGATIONS AND LIABILITY TO YOU DOLLARS (OR THE EQUIVALENT IN LOCAL CURRENCY). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL LIABILITY OF FUNAI UNDER THIS LICENSE AGREEMENT IS EXPRESSLY LIMITED TO THE GREATER OF THE PRICE PAID FOR THE SOFTWARE PROGRAM AND FIVE U.S. You acknowledge and agree that Funai is not responsible in any way for the hosting, performance, operation, maintenance, or content of, such software applications and/or internet web pages. The Software Program may include internet links to other software applications and/or internet web pages hosted and operated by third parties unaffiliated with Funai. TO THE EXTENT FUNAI CANNOT BY LAW DISCLAIM ANY COMPONENT OF THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, FUNAI LIMITS THE DURATION OF SUCH WARRANTIES TO THE 90-DAY TERM OF THE EXPRESS SOFTWARE LIMITED WARRANTY EXCEPT AS PROVIDED IN THIS LICENSE AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUNAI AND ITS SUPPLIERS PROVIDE THE SOFTWARE PROGRAM "AS IS" AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ABSENCE OF VIRUSES, ALL WITH REGARD TO THE SOFTWARE PROGRAM. Funai will replace the Software Program should it be determined that the media does not conform to this limited warranty.ĭISCLAIMER AND LIMITATION OF WARRANTIES. This limited warranty applies only to Software Program media purchased new from Funai or an Authorized Funai Reseller or Distributor. The warranty period is ninety (90) days and commences on the date the Software Program is delivered to the original end-user. Funai warrants that the media (e.g., DVD or compact disk) on which the Software Program (if any) is furnished is free from defects in materials and workmanship under normal use during the warranty period. The term "Software Program" includes machine-readable instructions, audio/visual content (such as images and recordings), and associated media, printed materials and electronic documentation, whether incorporated into, distributed with or for use with your Funai product. and its subsidiary companies (individually and collectively "Funai") that, to the extent your Funai product or Software Program is not otherwise subject to a written software license agreement between you and Funai or its suppliers, governs your use of any Software Program installed on or provided by Funai for use in connection with your Funai product. License Agreement is a legal agreement between you (either an individual or a single entity) and Funai Electric Co., Ltd. ![]() FUNAI SOFTWARE LIMITED WARRANTY AND LICENSE AGREEMENT
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