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Appendix F: License agreement 343
security related updates may impair the Software (and any other
software on your computer which specifically depends on the
Software) including disabling your ability to copy and/or play
"secure" content, i.e. content protected by digital rights management.
In such an event, Pinnacle and/or its licensors shall use reasonable
efforts to post notices promptly on Pinnacle’s web site explaining the
security update and providing instructions to end-users for obtaining
new versions or further updates of the Software that restore access to
secure content and related features.
7. Updates. You acknowledge and agree that Pinnacle may
automatically check the version of the Software and/or its components
that you are using and may provide updates or fixes to the Software
that may be automatically downloaded to your computer. Updates
provided after the expiry of the Limited Warranty period set forth in
Section 9 below are not covered by any warranty, express, implied, or
statutory.
8. Term and Termination. This License 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 License; (b) return,
destruction or deletion of all copies of the Software in your possession
or (c) transfer of the Software and this License to another party in
accordance with Section 1(d). Pinnacle’s rights and your obligations
shall survive termination of this License.
9. Limited Warranty. Pinnacle warrants to the original licensee that
the Software, as delivered, will perform in accordance with the
accompanying documentation for a period of 30 days from the date of
the original purchase (“Limited Warranty”). Pinnacle’s entire liability
and your exclusive remedy for breach of the preceding Limited
Warranty shall be, at Pinnacle’s sole option, repair or replacement of
the Software that does not meet the warranty set forth herein and that
is returned to Pinnacle. This limited warranty shall be void if failure
of the Software has resulted from any accident, abuse, misuse or
misapplication by you. Any replacement Software will be warranted
for the remainder of the original warranty period or 30 days,
whichever is longer.
10. NO OTHER WARRANTIES. EXCEPT AS SET FORTH
ABOVE, THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS.
YOU ASSUME ALL RESPONSIBILITIES FOR THE QUALITY
AND PERFORMANCE OF THE SOFTWARE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
PINNACLE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT,
359


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