Terms and Conditions
Table Of Contents
If USER is required by any legal or investigative process to disclose any confidential information that it
is not permitted to disclose, USER shall provide SUPPLIER with prompt notice of such requirement so
that SUPPLIER may seek to prevent disclosure or the entry of a protective order. USER shall only
disclose only such information that it is advised by its counsel is legally required to be disclosed.
Notwithstanding the foregoing, nothing in this EULA shall prevent SUPPLIER from seeking immediate
injunctive relief if appropriate.
Limited Warranty and Disclaimer of Liability
TO THE EXTENT PERMITTED BY LAW, THE LICENSED SOFTWARE AND THE
CONFIDENTIAL INFORMATION ARE PROVIDED TO USER ON AN “AS IS” BASIS. TO THE
EXTENT PERMITTED BY LAW, SUPPLIER AND ITS SUPPLIERS MAKE NO WARRANTIES,
EXPRESS OR IMPLIED INCLUDING, THAT THE LICENSED SOFTWARE WILL BE
APPROPRIATE TO A PARTICULAR PLATFORM, OR ENVIRONMENT. THE LICENSED
SOFTWARE AND CONFIDENTIAL INFORMATION ARE PROVIDED HEREUNDER
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO ANY IMPLIED LIABILITIES AND WARRANTIES OF (i) FREEDOM FROM
INHERENT DEFECTS OR FROM THIRD PARTY INTELLECTUAL PROPERTY
INFRINGEMENT CLAIMS, (ii) MERCHANTABILITY, (iii) FITNESS AND SUITABILITY FOR A
SPECIFIC OR GENERAL PURPOSE AND THOSE ARISING BY STATUTE OR BY LAW, OR
(iv) FROM COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT SHALL SUPPLIER OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, SPECIAL AND/OR INCIDENTAL DAMAGES, INCLUDING BUT NOT
LIMITED TO LOSS OF DATA, LOSS OF INCOME, LOSS OF OPPORTUNITY OR PROFITS,
BUSINESS OR SERVICE INTERRUPTION, OR OTHER DAMAGES OR COSTS ARISING
FROM THE USE OF THE LICENSED SOFTWARE, REGARDLESS OF THE CAUSE OR
FORM OF ACTION, WHETHER IN CONTRACT, OR OTHERWISE, EVEN IF SUPPLIER, ITS
SUPPLIERS/LICENSORS OR AUTHORIZED RESELLERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. USER ACKNOWLEDGES AND AGREES THAT THIS
EULA REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. IN NO EVENT
SHALL THE LIABILITY OF SUPPLIER OR ITS SUPPLIERS FOR DIRECT DAMAGES EXCEED
THE LESSER OF THE AMOUNT EFFECTIVELY PAID BY USER FOR THE LICENSED
SOFTWARE AT ISSUE, OR TEN US DOLLARS ($10).
Third Party Software Terms
USER acknowledges and hereby accepts that the Licensed Software may contain third party software
(“Third Party Software”) and Open Source Software.
Third Party Software
USER acknowledges and hereby accepts that the Third Party Software may be subject to specific
terms and conditions as described within applicable documentation (including readme files, similar text
files, or otherwise). In the event the terms of this EULA are contradictory to the terms of the applicable
Third Party Software license, the terms of such applicable Third Party Software license may prevail over
the EULA with respect to such Third Party Software.
Except as expressly agreed otherwise in the specific license terms set forth in the applicable
documentation provided with the Licensed Software, suppliers/licensors from whom SUPPLIER may
have obtained a license right do not warrant the Licensed Software, do not assume any liability with
respect to its use, and do not undertake to furnish any support or information relating thereto.
Open Source Software
USER acknowledges and accepts that the Licensed Software may contain Open Source Software as
described within applicable documentation (which may include readme files, similar text files or
otherwise, or which applicable information is available at SUPPLIER'S website at the following address:
http://www.technicolor.com/en/hi/minisites/open-software or at another address as may be specified
by SUPPLIER from time to time).