4. Ownership.
The license granted hereunder does not constitute a transfer or sale of
ownership rights in or to the Software. Except for the license rights granted above,
Pinnacle retains all right title and interest in and to the Software including all intellectual
property rights therein. The Software is protected by applicable intellectual property
laws, including United States copyright laws and international treaties.
5. Third Party Proprietary Property.
This Software may contain the proprietary
property of others, which has been licensed to Pinnacle, your use of the Software is
expressly conditioned on your agreement not to remove any copyright notices or other
proprietary markings of the third party software.
6. Security.
You acknowledge and agree that in order to protect the integrity of certain
third party content, Pinnacle and/or its licensors may provide for Software security
related updates that will be automatically downloaded and installed on your computer.
Such security related updates may impair the Software (and any other software on your
computer which specifically depends on the Software) including disabling your ability to
copy and/or play "secure" content, i.e. content protected by digital rights management.
In such an event, Pinnacle and/or its licensors shall use reasonable efforts to promptly
post notices on Pinnacle's web site explaining the security update and providing
instructions to end-users for obtaining new versions or further updates of the Software
that restore access to secure content and related features.
7. Term and Termination.
This License 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 License; (b) return, destruction or deletion of all copies of the Software in your
possession or (c) transfer of the Software and this License to another party in accordance
with Section 1(d). Pinnacle's rights and your obligations shall survive termination of this
License.
8. Limited Warranty.
Pinnacle warrants to the original licensee that the Software, as
delivered, will perform in accordance with the accompanying documentation for a
period of 30 days from the date of the original purchase ("Limited Warranty").
Pinnacle's entire liability and your exclusive remedy for breach of the preceding Limited
Warranty shall be, at Pinnacle's sole option, repair or replacement of the Software that
does not meet the warranty set forth herein and that is returned to Pinnacle. This limited
warranty shall be void if failure of the Software has resulted from any accident, abuse,
misuse or misapplication by you. Any replacement Software will be warranted for the
remainder of the original warranty period or 30 days, whichever is longer.
9. NO OTHER WARRANTIES.
EXCEPT AS SET FORTH ABOVE, THE
SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. YOU ASSUME ALL
RESPONSIBILITIES FOR THE QUALITY AND PERFORMANCE OF THE
SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
PINNACLE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A
PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR
REQUIREMENTS, BE UNINTERRUPTED OR ERROR FREE.
18
Instant DVD Recorder
