NovaLogic's Limited Warranty and License Provisions
IMPORTANT: By retaining or installing this software, you agree to the following terms and conditions. If you do not wish to be bound, promptly cancel this installation process and delete the installation files.
Disclaimer of Warranty on Product
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THIS PRODUCT IS AT YOUR SOLE RISK. THIS PRODUCT AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND AND NOVALOGIC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNAUTHORIZED REPRESENTATIONS: NOVALOGIC WARRANTS ONLY THAT THE PROGRAM WILL PERFORM AS DESCRIBED IN THE USER DOCUMENTATION. NO ADVERTISING, DESCRIPTION OR REPRESENTATION, WHETHER MADE BY A NOVALOGIC DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE, SHALL BE BINDING UPON NOVALOGIC OR SHALL CHANGE THE TERMS OF THIS DISCLAIMER OR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE. NOVALOGIC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE NOVALOGIC PRODUCT WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE NOVALOGIC PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED. FURTHERMORE NOVALOGIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NOVALOGIC OR NOVALOGIC'S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAYINCREASE THE SCOPE OF THIS WARRANTY, SHOULD THE PRODUCT PROVE DEFECTIVE, YOU (AND NOT NOVALOGIC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
NO CONSEQUENTIAL DAMAGES: NOVALOGIC SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, EVEN IF NOVALOGIC IS ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT NOVALOGIC SHALL NOT BE RESPONSIBLE OR LIABLE FOR LOST PROFITS OR REVENUES, OR FOR DAMAGES OR COSTS INCURRED AS A RESULT OF LOSS OF TIME, DATA OR USE OF THE SOFTWARE, OR FROM ANY OTHER CAUSE EXCEPT THE ACTUAL COST OF THE PRODUCT. IN NO EVENT SHALL NOVALOGIC'S LIABILITY EXCEED THE PURCHASE PRICE OF THIS PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
License
NovaLogic grants you a nonexclusive, nontransferable license as follows. You are entitled to use this product for your own use, but may not make (except for backup), sell or transfer reproductions of the software or manual to other parties in any way, nor rent, lease, or preview the product to others without the prior written permission of NovaLogic. You may use one copy of the product on a single terminal connected to one particular computer. You may not reverse engineer or disassemble the product.
Additionally, you are expressly prohibited from redistributing the BinkPlay.exe. If you would like to redistribute the BinkPlay.exe program, please contact RAD at +1 (425) 893-4300 about acquiring a redistribution license.
For technical support, on this or any other NovaLogic product, E-mail us at: support@novalogic.com.
