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THE USE OF OR INABILITY TO USE THE SOFTWARE, HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY (WHETHER FOR
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE), EVEN IF ARCSOFT HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL
ARCSOFT BE LIABLE TO YOU FOR DAMAGES IN AN AMOUNT
GREATER THAN THE FEES PAID FOR THE USE THE FOREGOING
LIMITATIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE
LAWS IN YOUR JURISDICTION.
7. Export. You will not export or re-export the product
incorporating the Software without the appropriate United States
or foreign government licenses.
8. U.S. Government Restricted Rights. If you are a unit
or agency of the United States government, the Software
and related documentation are deemed to be "commercial
computer software" and "commercial computer software
documentation," respectively, pursuant to ction 227.7202 and
FAR Section 12.212(b), as applicable. Any use, modication,
reproduction, release, performing, displaying or disclosing
of the Software and/or the related documentation by the
United States government shall be governed solely by the
terms of this Agreement and shall be prohibited except to the
extent expressly permitted by the terms of this Agreement.
Any technical data provided that is not covered by the above
provisions is deemed to be "technical data?commercial items"
pursuant to DFAR Section 227.7015(a). Any use, modication,
reproduction, release, performing, displaying or disclosing of
such technical data shall be governed by the terms of DFAR
Section 227.7015(b).
9. Termination. THIS AGREEMENT SHALL BE EFFECTIVE UPON
INSTALLATION OF THE SOFTWARE AND SHALL TERMINATE
UPON THE EARLIER OF: (i) YOUR FAILURE TO COMPLY
WITH ANY TERM OF THIS AGREEMENT; OR (ii) RETURN,
DESTRUCTION OR DELETION OF ALL COPIES OF THE SOFTWARE
IN YOUR POSSESSION. ArcSoft's rights and your obligations
shall survive the termination of this Agreement.
10. High Risk Activities. The Software is not fault-tolerant and
is not designed or intended for use in hazardous environments
requiring fail-safe performance, or any other application in which
the failure of the Software could lead directly to death, personal
injury, or severe physical or property damage (collectively,
"High Risk Activities"). ARCSOFT EXPRESSLY DISCLAIMS ANY
EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK
ACTIVITIES.
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