Manual Vstep Ship Simulator Extreme (page 32 of 36) (Dutch)

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2. Ownership. This license is not a sale. Title, copyrights and all other rights to the Software and any copy made by You

remain with NVIDIA and its suppliers and licensors. Unauthorized copying of the Software, or failure to comply with the license

restrictions set forth in Section 1(b) above, will result in automatic termination of this license and will make available to NVIDIA

other legal remedies.

3. Termination. This license is effective once You click the “AGREE” button of this Agreement, or install or use the Software,

and will continue until terminated. Unauthorized copying of the Software, Your failure to comply with the above restrictions or

Your failure to comply with any terms of this Agreement will result in automatic termination of this Agreement and will make

available to NVIDIA other legal remedies. Upon termination of this license for any reason You will destroy all copies of the

Software. Any use of the Software after termination is unlawful. Upon termination of this Agreement, all rights granted to You

in this Agreement shall immediately terminate. NVIDIA’s rights and Your obligations under this Agreement shall survive any

termination of this Agreement.

4. Trademarks. Certain of the product names used in this Agreement and the Software constitute trademarks, trade names,

trade dress, or service marks (“Trademarks”) of NVIDIA or other third parties. You are not authorized to use any such Trademarks

for any purpose.

5. No Warranty. THE SOFTWARE IS BEING DELIVERED TO YOU “AS IS” AND NVIDIA MAKES NO WARRANTIES WHATSOEVER WITH

RESPECT TO THE SOFTWARE. NVIDIA AND ITS SUPPLIERS AND LICENSORS MAKE AND YOU RECEIVE NO OTHER WARRANTIES

OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OR IN ANY COMMUNICATION WITH YOU, AND NVIDIA ANDITS

SUPPLIERS AND LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY,

FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND THEIR EQUIVALENTS. NVIDIA does not warrant that the

operation of the Software will be uninterrupted or error free or that the Software will meet Your specific requirements.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE

EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND

JURISDICTION TO JURISDICTION.

6. Limitation of Liability. IN NO EVENT WILL NVIDIA, ITS SUPPLIERS OR ITS LICENSORS BE LIABLE FOR LOSS OF OR CORRUPTION

TO DATA, LOST PROFITS OR LOSS OF CONTRACTS, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL,

INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, LOSSES, COSTS OR EXPENSES OF ANY KIND ARISING

FROM THE SUPPLY OR USE OF THE SOFTWARE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT

LIMITATION NEGLIGENCE). THIS LIMITATION WILL APPLY EVEN IF NVIDIA OR AN AUTHORIZED DISTRIBUTOR HAS BEEN ADVISED

OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED

REMEDY EXCEPT TO THE EXTENT THAT LIABILITY MAY NOT BY LAW BE LIMITED OR EXCLUDED. YOU ACKNOWLEDGE THAT THE

LACK OF A REQUIRED PAYMENT BY YOU FOR THE SOFTWARE REFLECT THIS ALLOCATION OF RISK.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR

CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

7. Indemnity. You agree to indemnify and hold NVIDIA, its successors, assigns, subsidiaries, affiliates, officers, directors, agents,

and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or

arising out of Your failure to comply with this Agreement or Your violation of any law or the rights of any third party.

8. Legal Compliance. You agree that You shall fully comply with all applicable laws, statutes, ordinances and regulations

regarding Your use of the Software.

9. Governing Law and General Provisions. This Agreement shall not be governed by the 1980 U.N. Convention on Contracts

for the International Sale of Goods; rather, this Agreement and the performance of the parties hereunder shall be construed in

accordance with and governed by the laws of the State of California, U.S.A., except for its conflict of law rules. The exclusive

jurisdiction and venue of any action arising out of or related to this Agreement will be either the state or federal courts in Santa

Clara County, California, U.S.A., and the parties agree and submit to the personal and exclusive jurisdiction and venue of these

courts. This Agreement is the entire agreement between You and NVIDIA and supersedes any other communications, repre-

sentations or advertising with respect to the Software. If any provision of this Agreement is held invalid or unenforceable, such

provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of the Agreement

shall continue in full force and effect. Failure to prosecute a party’s rights with respect to a default hereunder will not constitute

a waiver of the right to enforce rights with respect to the same or any other breach. If You are acquiring the Software on behalf

of any part of the U.S. Government, the following provisions apply. The Software programs and documentation are deemed to be

“Commercial computer software” and “Commercial computer software documentation” respectively, pursuant to DFAR Section

227.7202 and FAR 12.212(b), as applicable. Any use, modification, reproduction, release, performance, display or disclosure

of the Software programs and/or documentation by the U.S. Government or any of its agencies shall be governed solely by

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Vstep Ship Simulator Extreme Manual

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