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Harman Kardon
l
Support Services. Product support for the SOFTWARE and Remote Control Device is not
provided by Microsoft or its subsidiaries. For product support, please refer to Harman’s sup-
port number provided in the user documentation for the Remote Control Device. Should you
have any questions concerning this EULA, or if you desire to contact Harman for any other
reason, please refer to the address provided in the user documentation for the Remote Con-
trol Device.
3 COPYRIGHT. All title and copyrights in and to the SOFTWARE (including but not limited
to any images, photographs, animations, video, audio, music, text and “applets,” incorporat-
ed into the SOFTWARE), the accompanying printed materials, and any copies of the SOFT-
WARE, are owned by Microsoft or its suppliers. The SOFTWARE is protected by copyright
laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any
other copyrighted material except that you may either (a) make one copy of the SOFTWARE
solely for backup or archival purposes, or (b) install the SOFTWARE on a single computer pro-
vided you keep the original solely for backup or archival purposes. You may not copy the
printed materials accompanying the Remote Control Device.
4 EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE licensed hereunder is
subject to the export control laws and regulations of the U.S.A., and any amendments there-
of. You confirm that with respect to the SOFTWARE, you will not export or re-export it,
directly or indirectly, to any countries that are subject to U.S.A. export restrictions. You further
acknowledge that the SOFTWARE may include technical data subject to export and re-export
restrictions imposed by U.S.A. law.
5 DISCLAIMER OF WARRANTIES. The Limited Warranty that appears below is the only
express warranty made to you and is provided in lieu of any other express warranties (if any)
created by any documentation or packaging. No other warranties are made with respect to
the SOFTWARE and Remote Control Device by any person, including but not limited to Har-
man, Microsoft, and its suppliers. Except for the Limited Warranty, and to the maxi-
mum extent permitted by applicable law, Harman, Microsoft and its suppliers
provide the SOFTWARE and Remote Control Device AS IS and with all faults, and
hereby disclaim all other warranties and conditions, either express, implied or statu-
tory, including but not limited to any (if any) implied warranties or conditions of
merchantability, of fitness for a particular purpose, of lack of viruses, and of lack of
negligence or lack of workmanlike effort, all with regard to the SOFTWARE and
Remote Control Device. Also, there is no warranty or condition of title, authority, or nonin-
fringement in the SOFTWARE and Remote Control Device.
B GENERAL PROVISIONS
These provisions apply to the EULA and the below Limited Warranty and Limitation of
Liability.
6 EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
To the maximum extent permitted by applicable law, in no event shall Harman,
Microsoft or its suppliers be liable for any special, incidental or consequential dam-
ages whatsoever (including but not limited to damages for loss of profits, for busi-
ness interruption, for personal injury, for loss of privacy, for failure to meet any duty
including of good faith or of reasonable care, for negligence, and for any other pe-
cuniary or other loss whatsoever), arising out of or in any way related to the use of
or inability to use the SOFTWARE or Remote Control Device, even if Harman,
Microsoft or any supplier has been advised of the possibility of such damages.
76009mnl2.p65 9/1/98, 2:27 PM31
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