|
|
|
| -
You must accept the terms of this license agreement before using the software. If you do not agree to the terms of this license, do not use the software. _________________________________________________ -
4. Disclaimer of Warranty: You expressly acknowledge and agree that use of the Reaction Media Software is at your sole risk. The Reaction Media Software is provided "AS IS" and without warranty of any kind and Reaction Media and Reaction Media's licensor(s) (Reaction Media and Reaction Media's licensor(s) shall be collectively referred to as "Reaction Media") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE NONINFRINGEMENT OF THIRD PARTY RIGHTS. REACTION MEDIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE REACTION MEDIA SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE REACTION MEDIA SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE REACTION MEDIA SOFTWARE WILL BE CORRECTED. FURTHERMORE, REACTION MEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE REACTION MEDIA SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU AGREE NOT TO HOLD REACTION MEDIA RESPONSIBLE FOR DAMAGES RESULTING FROM IMPROPER OR MALICIOUS USE OF THE SOFTWARE, OR FOR ANY OTHER REASON. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY REACTION MEDIA OR A REACTION MEDIA AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE REACTION MEDIA SOFTWARE PROVE DEFECTIVE, YOU (AND NOT REACTION MEDIA OR A REACTION MEDIA AUTHORIZED REPRESENTATIVE) 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. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING REACTION MEDIA PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS. - 5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL REACTION MEDIA BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Reaction Media's total liability to you for all damages exceed the amount of fifty dollars ($50.00). - 6. Controlling Law and Severability. This License shall be governed by the laws of the United States and the State of Pennsylvania. You agree that litigation must be filed in the state of Pennsylvania, Lawrence County. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. - 7. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Reaction Media Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing (on paper) and signed by Reaction Media. |