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interoperability of the Software with other programs, you shall not decompile or
disassemble the Software to obtain such information, and you agree to request such
information from Tao at the address listed below. Upon receiving such a request, Tao
shall determine whether you require such information for a legitimate purpose and, if so,
Tao will provide such information to you within a reasonable time and on reasonable
conditions. In any event, you will notify Tao in writing of any information derived from
reverse engineering or such other activities, and the results thereof will constitute the
confidential information of Tao that may be used only in connection with the Software.
10) Termination. The license granted to you is effective until terminated. You may terminate
it at any time by returning the Software (including any portions or copies thereof) to Tao
or the place where you purchased the Software or related products. The license will also
terminate automatically without any notice from Tao if you fail to comply with any term
or condition of this Agreement. You agree upon such termination to return the Software
(including any portions or copies thereof) to Tao. Upon termination, Tao may also
enforce any rights provided by law. The provisions of this Agreement that protect the
proprietary rights of Tao will continue in force after termination.
11) No
Warranty. Tao does not warrant that the functions contained in the Software will
meet your requirements or that the operation of the Software will be uninterrupted, error-
free or free from malicious code. For the purposes of this paragraph, “malicious code”
means any program code designed to contaminate other computer programs or computer
data, consume computer resources, modify, destroy, record, or transmit data, or in some
other fashion usurp the normal operation of the computer, computer system, or computer
network, including viruses, Trojan horses, droppers, worms, logic bombs, and the like.
12) Indemnification by You. If you use or distribute the Software in violation of this
Agreement, you hereby indemnify, hold harmless and defend Tao from and against any
and all claims or lawsuits, including attorney’s fees and costs that arise, result from or are
connected with the use or distribution of the Software in violation of this Agreement.
13) NO
WARRANTY. THE SOFTWARE IS PROVIDED AS-IS WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. TAO
IS NOT OBLIGATED TO PROVIDE ANY UPDATES, UPGRADES OR TECHNICAL
SUPPORT FOR THE SOFTWARE. Further, Tao shall not be liable for the accuracy of
any information provided by Tao or third party technical support personnel, or any
damages caused, either directly or indirectly, by acts taken or omissions made by you as a
result of such technical support. You assume full responsibility for the selection of the
Software to achieve your intended results, and for the installation, use and results
obtained from the Software. You also assume the entire risk as it applies to the quality
and performance of the Software. Should the Software prove defective, you (and not Tao,
or its distributors or dealers) assume the entire cost of all necessary servicing, repair or
correction. Some countries/states do not allow the exclusion of implied warranties, so the
above exclusion may not apply to you. Tao disclaims all warranties of any kind if the
Software was customized, repackaged or altered in any way by any third party other than
Tao.
14) LIMITATION OF REMEDIES AND DAMAGES. IN NO EVENT WILL TAO OR ITS
LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY BODILY INJURY
(INCLUDING DEATH) TO ANY PERSONS CAUSED BY TAO’S NEGLIGENCE,
OR FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE, LOST REVENUES
OR LOST DATA ARISING FROM OR RELATING TO THE SOFTWARE OR THIS
AGREEMENT, EVEN IF TAO OR ITS LICENSORS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TAO’S LIABILITY
OR DAMAGES TO YOU OR ANY OTHER PERSON EVER EXCEED THE
AMOUNT PAID BY YOU TO USE THE SOFTWARE, REGARDLESS OF THE
FORM OF THE CLAIM. Some countries/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.
15) PRODUCT
RETURNS. IF YOU MUST SHIP THE SOFTWARE TO TAO OR AN
AUTHORIZED TAO DISTRIBUTOR OR DEALER, YOU MUST PREPAY SHIPPING
AND EITHER INSURE THE SOFTWARE OR ASSUME ALL RISK OF LOSS OR
DAMAGE IN TRANSIT.
16) U.S. Government Restricted Rights. All Software and related documentation are
provided with restricted rights. Use, duplication or disclosure by the U.S. Government is
subject to restrictions as set forth in subdivision (b)(3)(ii) of the Rights in Technical Data
and Computer Software Clause at 252.227-7013. If you are using the Software outside of
the United States, you will comply with the applicable local laws of your country, U.S.
export control law, and the English version of this Agreement.
17) Contractor/Manufacturer. The Contractor/Manufacturer for the Software is: SoniqCast,
LLC, 4400 Baker Road, Minnetonka, MN 55343.
18) General. This Agreement is binding on you as well as (if you represent an entity) any
employees, employers, contractors and agents, and on any successors and assignees.
Neither the Software nor any information derived therefrom may be exported except in
accordance with the laws of the U.S. or other applicable provisions. This Agreement is
governed by the laws of the State of Minnesota (except to the extent federal law governs
copyrights and federally registered trademarks). This Agreement is the entire agreement
between us and you agree that Tao will not have any liability for untrue statement or
representation made by it, its agents or anyone else (whether innocently or negligently)
upon which you relied upon entering this Agreement, unless such untrue statement or
representation was made fraudulently. This Agreement supersedes any other
understandings or agreements, including, but not limited to, advertising, with respect to
the Software. If any provision of this Agreement is deemed invalid or unenforceable by
any country or government agency having jurisdiction, that particular provision will be
deemed modified to the extent necessary to make the provision valid and enforceable,
and the remaining provisions will remain in full force and effect. For questions
concerning this Agreement, please contact Tao at the address stated above. For questions
on product or technical matters, contact the Tao technical support center nearest you.
Summary of Contents for WMP235
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