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End User License Agreements
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End User License Agreements (EULAs)
ABOVE. IN NO EVENT WILL ARCSOFT BE
LIABLE TO YOU OR ANY OTHER PERSON
FOR ANY DAMAGES, INCLUDING ANY
INCIDENTAL OR CONSEQUENTIAL
DAMAGES, EXPENSES, LOST PROFITS,
LOST SAVINGS, OR OTHER DAMAGES
ARISING OUT OF USE OF OR INABILITY TO
USE SUCH SOFTWARE.
5. No Liability for Consequential Damages. In
no event shall ArcSoft be liable for any damages
whatsoever (including but not limited to damages
for loss of business profits, business interruption,
loss of business information, or any other
pecuniary loss) which results from an inability to
use this Software, even if ArcSoft, Inc. has been
advised of the possibility of such damages.
Because some states/jurisdictions do not allow
the exclusion or limitation of consequential or
incidental damages, the above limitations may
not apply to you.
6. Export. Subject to permission of the appropriate
United States or foreign licenses, export or re-
export the product incorporating the Software is
able to be made.
7. 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 DFAR Section 227.7202 and FAR Section
12.212(b), as applicable. Any use, modification,
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,
modification, reproduction, release, performing,
displaying or disclosing of such technical data
shall be governed by the terms of DFAR Section
227.7015(b).
8. 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
172


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