User's Manual

INTENT OR GROSS NEGLIGENCE, FLUENDO HEREBY EXCLUDES ALL LIABILITY
IN RESPECT OF:
1. ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY
CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST
PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS
INTERRUPTION, OR CLAIMS BY A THIRD PARTY, EVEN IF A FLUENDO
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSS, DAMAGES, CLAIMS OR COSTS.
2. DAMAGES, CLAIMS OR LIABILITIES ARISING OUT OF ANY OF THE
FOLLOWING:
1. THE CONTENT (INCLUDING WITHOUT LIMITATION ITS NATURE OR
ANY INTELLECTUAL PROPERTY RIGHTS THEREIN) AND/OR ANY
OTHER DATA, IMAGES, VIDEOS OR SOUNDS WHATSOEVER THAT THE
LICENSEE MAY ACCESS OR TRANSMIT USING THE SOFTWARE;
2. LIABILITY TO ANY EMPLOYER, PRINCIPAL, CLIENT, LESSOR OR
PROVIDER OF COMPUTER EQUIPMENT OR FACILITIES, ARISING OUT
OF THE INSTALLATION OF OR USE OF THE SOFTWARE;
3. ANY CHARGES WHICH THE LICENSEE MAY INCUR TO ANY
TELECOMMUNICATIONS SERVICE OR NETWORK.
7. FLUENDO EXPRESSLY EXCLUDES ALL LIABILITY IN CONNECTION WITH ANY
THIRD PARTY APPLICATIONS OR THIRD PARTY COMPONENTS THAT MAY BE
INCLUDED WITHIN THE SOFTWARE, OR YOUR USE THEREOF.
8. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLUENDO'S AGGREGATE
LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN
CONNECTION WITH THIS LICENSE AGREEMENT WILL BE LIMITED IN ANY CASE
TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY, OR, IF HIGHER, TO THE
MINIMUM AMOUNT STIPULATED BY A COMPULSORY LAW.
Indemnity
9. BY DOWNLOADING, INSTALLING, USING OR UNINSTALLING THE SOFTWARE,
THE LICENSEE HEREBY AGREES TO, AT ITS OWN EXPENSE, INDEMNIFY,
DEFEND AND HOLD HARMLESS FLUENDO, ITS PARENTS, SUBSIDIARIES AND
AFFILIATES, ITS BUSINESS PARTNERS, AND ITS AND THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY
AND ALL LOSSES, DAMAGES, INJURIES, CAUSES OF ACTION, CLAIMS,
DEMANDS AND EXPENSES, INCLUDING LEGAL FEES AND EXPENSES, OF
WHATEVER KIND OR NATURE ARISING OUT OF, RELATING TO OR RESULTING
FROM ANY CLAIM ARISING FROM OR RELATING TO (I) ANY BREACH BY THE
LICENSEE OF THIS LICENSE AGREEMENT; OR (II) THE LICENSEE'S DOWNLOAD,
INSTALLATION, USE OR UNINSTALLATION OF THE SOFTWARE.
Termination
10. This grant of license begins upon acceptance by the Licensee, either expressly or through use
or possession of the Software, and shall continue until terminated as provided in this License
Agreement or in Fluendo's Software Terms of Service.
11. The Licensee may terminate this License Agreement at any time by uninstalling the Software
and destroying all copies of the Software. Upon any termination, the Licensee agrees to
uninstall the Software and return or destroy all copies of the Software, the Documentation, and
all other associated materials.
12. The Licensee's failure to com
p
l
y
with an
y
of the terms and conditions of this License