Filter
Top Products
Publication Version 1.0, May 2006
iii
OBLIGATIONS UNDER THIS AGREEMENT; (b) reverse engineer, decompile, disassemble or attempt to
reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or
algorithms of the Software by any means whatsoever, except to the extent the foregoing restrictions are expressly
prohibited by applicable law; (c) remove or destroy any copyright notices or other proprietary markings; (d) attempt
to circumvent any use restrictions; (e) modify or adapt the Software, merge the Software into another program or
create derivative works based on the Software; (f) use, copy or distribute the Software without NETGEAR’s written
authorization, excepting 1 copy for archival or backup purposes only; or (g) use the Software or the NETGEAR
Digital Entertainer EVA700 for commercial use. YOU MAY NOT (AND MAY NOT ALLOW A THIRD PARTY
TO) COPY, REPRODUCE, CAPTURE, STORE, RETRANSMIT, DISTRIBUTE, OR BURN TO CD (OR ANY
OTHER FORMAT) ANY COPYRIGHTED CONTENT (INCLUDING BUT NOT LIMITED TO MUSICAL
AND MUSIC-RELATED) THAT YOU ACCESS OR RECEIVE THROUGH USE OF THE SOFTWARE. YOU
ASSUME ALL RISK AND LIABILITY, CIVIL AND CRIMINAL, FOR ANY SUCH PROHIBITED USE OF
COPYRIGHTED CONTENT.
3. THIS AGREEMENT SHALL BE EFFECTIVE UPON INSTALLATION OF THE SOFTWARE AND SHALL
TERMINATE UPON THE EARLIER OF: (A) YOUR FAILURE TO COMPLY WITH ANY TERM OF THIS
AGREEMENT OR (B) RETURN, DESTRUCTION OR DELETION OF ALL COPIES OF THE SOFTWARE IN
YOUR POSSESSION. NETGEAR’s rights and your obligations shall survive any termination of this Agreement.
Upon termination of this Agreement, You shall certify in writing to NETGEAR or such NETGEAR licensor that all
copies of the Software have been destroyed or deleted from any of your computer libraries or storage devices.
4. NETGEAR warrants that the Software will perform substantially in accordance with the documentation
accompanying the Software for a period of 90 days after your initial receipt of the Software. NETGEAR’s entire
liability and your exclusive remedy for breach of this warranty shall be repair or replacement of the Software. This
limited warranty shall be void if failure of the Software has resulted from any accident, abuse, misuse or
misapplication by You. EXCEPT AS SET FORTH ABOVE, THE SOFTWARE IS PROVIDED ON AN “AS IS”
BASIS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTION OF THE SOFTWARE TO ACHIEVE
YOUR INTENDED RESULTS AND FOR THE INSTALLATION OF, USE OF AND RESULTS OBTAINED
FROM THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NETGEAR
DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, QUALITY,
ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND FITNESS FOR YOUR PURPOSE WITH
RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. THERE IS NO
WARRANTY AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE SOFTWARE OR AGAINST
INFRINGEMENT. NETGEAR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
SOFTWARE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE, OR THAT
ALL DEFECTS IN THE SOFTWARE WILL OR CAN BE CORRECTED.
5. In the event that a claim alleging infringement or misappropriation of an intellectual property right arises
concerning the Software, NETGEAR in its sole discretion may elect to defend or settle such claim. NETGEAR, in
the event of such claim, may also in its sole discretion, elect to terminate this Agreement and all rights to use the
Software and require the return and/or destruction of the Software, with a refund of the fees paid for use of the
Software less a reasonable allowance for use and shipping. THE FOREGOING ARE NETGEAR’S SOLE
EXCLUSIVE OBLIGATIONS, AND YOUR SOLE AND EXCLUSIVE REMEDIES, WITH RESPECT TO
INFRINGEMENT AND/OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHT.
6. UNDER NO CIRCUMSTANCES WILL NETGEAR OR ITS LICENSORS BE LIABLE FOR ANY
CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF
BUSINESS INFORMATION, LOSS OF DATA OR OTHER SUCH PECUNIARY LOSS), WHETHER BASED
ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT
LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE,
EVEN IF NETGEAR AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL NETGEAR’S AND ITS LICENSORS’ AGGREGATE LIABILITY FOR
DAMAGES ARISING OUT OF THIS AGREEMENT EXCEED THE FEES PAID BY YOU FOR THE