7. Disclaimer of Warranty. EXCEPT FOR THE LIMITED WARRANTY OF SECTION 5 ABOVE, ALL EXPRESS OR IMPLIED, OR STATUTORY
CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A
PARTICULAR PURPOSE OR MERCHANTABILITY ARE DISCLAIMED. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY
STREAMING NETWORKS SHALL CREATE ANY WARRANTY. THE USE OF THE SOFTWARE IS AT YOUR OWN RISK INCLUDING SATISFACTION OF
QUALITY, PERFORMANCE, ENJOYMENT AND
ACCURACY. STREAMING NETWORKS DOES NOT WARRANT THAT THE FEATURES CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS,
THAT THE OPERATION OF THE SOFTWARE WILL BE WITHOUT FAULTS OR THAT ANY DEFECTS, ERRORS WILL BE CORRECTED. IN CASE OF ANY DEFECTS
IN THE SOFTWARE YOU ASSUME ALL THE COST OF NECESSARY SERVICE, REPAIR OR CORRECTION. THIS WARRANTY IS NOT APPLICABLE TO: (1)
PROBLEMS THAT RESULT FROM EXTERNAL CAUSES SUCH AS ACCIDENT, ABUSE OR MISUSE; (2) USAGE THAT IS NOT IN ACCORDANCE WITH
STREAMING NETWORKS' PRODUCT INSTRUCTIONS; (3) PRODUCTS THAT ARE USED FOR COMMERCIAL PURPOSES; (4) PRODUCTS WITH MISSING OR
ALTERED SERIAL NUMBERS; (5) PRODUCTS WHICH HAVE HAD THEIR HOUSINGS OPENED OR OTHERWISE TAMPERED WITH; (6) PRODUCTS WHICH
HAVE BEEN USED WITH UNAUTHORIZED OR MODIFIED SOFTWARE; OR (7) PROBLEMS CAUSED BY USING THIRD PARTY ACCESSORIES, PARTS, OR
COMPONENTS. THE FOREGOING STATES THE ENTIRE LIABILITY OF STREAMING NETWORKS WITH RESPECT TO WARRANTY AND INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS BY ANY Software DELIVERED UNDER THIS AGREEMENT. PROOF OF PURCHASE WHICH IS EVIDENCE THAT THE
PRODUCT IS WITHIN THE WARRANTY PERIOD HAS TO BE PRESENTED TO OBTAIN WARRANTY SERVICE. REPAIR OR REPLACEMENT AS PROVIDED
UNDER THIS WARRANTY IS THE EXCLUSIVE REMEDY OF THE PURCHASER. STREAMING NETWORKS SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED
WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT
SHALL STREAMING NETWORKS BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY
ON THIS PRODUCT. THIS LIMITED WARRANTY DOES NOT COVER ACCESSORIES SUCH AS POWER ADAPTERS, ANY CABLES NOR IT COVERS DAMAGES
RESULTING FROM FIRMWARE UPGRADES.
8. Termination. This License agreement will remain in force until terminated. Your rights under this License will terminate automatically without
notice from Streaming Networks if you fail to adhere to any terms and conditions of this License. In the event of termination of this License you must
immediately cease use of the Software and destroy or return to Streaming Networks all copies of the Software within 30 days.
9. Export Control. You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the
jurisdiction in which the Software was obtained.
10. MP3 and AAC. Notice to the extent that the Software contains MP3 and AAC audio encoding/decoding functionality, commercial use of MP3 or
AAC requires additional licensing and the following provisions applies: The MP3 and AAC feature in this product is licensed herein only for
noncommercial personal use to encode audio in compliance with the MP3 and AAC standard. Furthermore, this applies to any other audio codec
being used as well.
11. Software Upgrades. Licensee of this Software does not receive the right to receive any Software upgrades that Streaming Networks may
periodically make available. A user may purchase the Software upgrades by paying a separate published fee to Streaming Networks.
12. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California, United States
excluding its choice of law provisions. In the event that any provision of this Agreement shall be held unenforceable or invalid under any applicable
law, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole.
13. Compliance with Laws. You agree not to use the Software in any way that violates, plagiarizes or infringes upon the rights (including intellectual
property rights, copyright, patent, trademark or privacy rights) of any third parties or that would be abusive, profane, obscene, indecent,
threatening, defaming, slanderous, libelous or offensive or otherwise illegal. You agree not to solicit the performance of any activity that is
prohibited by law. You agree to comply with applicable laws, rules and regulations in connections with this Agreement.
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