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PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. Some states do not allow the exclusion of implied warranties or
limitations on how long an implied warranty may last, so the above limitations
may not apply to you. This warranty gives you specific legal rights and you may
also have other rights which vary from state to state.
The entire liability of Roxio and its Licensors, and your exclusive remedy for a
breach of this warranty, shall be: (a) the replacement of any Software not meeting
the above limited warranty which is returned by you; or (b) if Roxio or its
distributor is unable to deliver replacement Software you may terminate this
Agreement by returning the Software and your money will be refunded. If you
have purchased this Software bundled with a computer hardware product, you
must return the Software to the computer hardware manufacturer.
8. Limitation of Liability. IN NO EVENT WILL ROXIO OR ITS LICENSORS BE
LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT
DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR LOSS OF
DATA, EVEN IF ROXIO OR A LICENSOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY. Some states do not allow the exclusion or limitation of special, incidental,
or consequential damages, so the above limitation or exclusion may not apply to
you.
9. Export. You acknowledge that the laws and regulations of the United States and
other countries may restrict the export and re-export of the Software. You agree
that you will not export or re-export the Software or documentation in any form in
violation of applicable United States and foreign law.
10. Indemnity. You agree that Roxio shall have no liability whatsoever for any use you
make of the Software. You shall indemnify and hold harmless Roxio from any
third party claims, damages, liabilities, costs and fees (including reasonable
attorney fees) arising from your use of the Software as well as from your failure to
comply with any term of this Agreement.
11. Government Restricted Rights. The Software is subject to restricted rights as
follows. If the Software is acquired under the terms of a GSA contract: use,
reproduction or disclosure is subject to the restrictions set forth in the applicable
ADP Schedule contract. If the Software is acquired under the terms of a DoD or
civilian agency contract, use, duplication or disclosure by the Government is
subject to the restrictions of this Agreement in accordance with 48 C.F.R. 12.212 of
the Federal Acquisition Regulations and its successors and 49 C.F.R. 227.7202-1 of
the DoD FAR Supplement and its successors
12. General. You acknowledge that you have read this Agreement, understand it, and
that by using the Software you agree to be bound by its terms and conditions. You
further agree that it is the complete and exclusive statement of the agreement
between Roxio and you, and supersedes any proposal or prior agreement, oral or
written, and any other communication between Roxio and you relating to the
subject matter of this Agreement. No additional or any different terms will be
enforceable against Roxio unless Roxio gives its express consent, including an
express waiver of the terms of this Agreement, in writing signed by an officer of
Roxio. You assume full responsibility for the use of the Software and agree to use