User`s manual

VARI❋LITE® - VIRTUOSO™ / VIRTUOSO™ DX CONSOLE USER’S MANUAL
iv 23-Sep-02 02.9651.0001 C
ADVICE GIVEN BY VARI-LITE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE ANY
WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE
SOFTWARE PROVE DEFECTIVE, YOU (AND NOT VARI-LITE OR ITS AUTHORIZED
REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION 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.
7. Limitation Of Liability
. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE,
SHALL VARI-LITE BE LIABLE FOR ANY LOST REVENUE OR PROFITS OR ANY INCIDENTAL,
INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR
INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF VARI-LITE OR
ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL VARI-LITE’S TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR
THE SOFTWARE.
8. Arbitration, Jurisdiction, and Venue
. You agree that any action at law or in equity arising out of the
License or relating to this Software shall be resolved, individually, through biding arbitration using the then current
rules of the American Arbitration Association, in Dallas, Texas and the resulting decisions may be entered in any
court with proper jurisdiction. This means that if you have a grievance with us, you cannot take us to court, and you
may not join your action with any other party. You can address such grievances through arbitration only and you
are hereby consenting to do it in Dallas, Texas, using Texas' laws (without regard to Texas' conflicts of laws). You
agree that are properly subject to the jurisdiction of the courts of the State of Texas and waive any rights to
challenge personal jurisdiction.
9. Government Licensee. If you are acquiring the Software on behalf of any unit or agency of the United
States Government, the following provisions apply: (a) the Government acknowledges Vari-Lite’s representation
that the Software and its documentation were developed at private expense and no part of them is in the public
domain; (b) the Government acknowledges Vari-Lite’s representation that the Software is "Restricted Computer
Software" as that term is defined in Clause 52.227-19 of the Federal Acquisition Regulations ("FAR") and is
"Commercial Computer Software" as that term is defined in Subpart 227.471 of the Department of Defense Federal
Acquisition Regulation Supplement ("DFARS"). The Government agrees that: (i) if the Software is supplied to the
Department of Defense ("DoD"), the Software is classified as "Commercial Computer Software" and the
Government is acquiring only "limited rights" in the Software and its documentation as that term is defined in
Clause 252.227-7013(a)(13) of the DFARS, and (ii) if the Software is supplied to any unit or agency of the United
States Government other than DoD, the Government’s rights in the Software and its documentation will be as
defined in Clause 52.227-19(c)(2) of the FAR.
10. Indemnity. You agree to indemnify and hold harmless Vari-Lite, and its parents, subsidiaries,
affiliates, officers, directors, shareholders, employees and agents, from and against any costs, losses, liabilities and
expenses, including reasonable attorney’s fees, that Vari-Lite may suffer, incur, or be subjected to by reason of any
claim by a third party due to or arising out of your conduct, your use of the Software, any alleged breach of this
License or the representations and warranties herein, the alleged violation of the rights of any third party, or any
alleged infringement of the intellectual property rights of any third party, including but not limited to your use of
any content, trademarks, service marks, trade names or other intellectual property used in connection with the
Software. Vari-Lite reserves the right to control the exclusive defense of any matter otherwise subject to your
indemnification, which will not excuse your indemnity obligations.
11. Complete Agreement. This License constitutes the entire agreement between the parties with respect
to the use of the Software and supersedes all prior or contemporaneous understandings or agreements, written or
oral, regarding such subject matter.
12. Miscellaneous. If any provision of this License shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable (or reformable, if necessary), and shall not affect the
validity and enforceability of any remaining provisions. Alternatively, such provision may also be modified to the
extent necessary for its validity.
13.Transfer. This License may be transferred to another party provided the other party reads and agrees to accept
the terms and conditions of this License and you notify Vari-Lite of the transfer in writing.