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ease all use of the Software and destroy all copies, full or partial, of the Sof
tware.
5. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RIS
K AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND
EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AN
D TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "A
S IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APOWERSOFT AND APOW
ERSOFT'S LICENSORS (COLLECTIVELY REFERRED TO AS "APOWERSOFT" FOR THE PURPOSES OF
SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO
THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY
QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT,
AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APOWERSOFT DOES NOT WARRANT AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED I
N THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE W
ILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORR
ECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APOWERSOFT OR AN APOWER
SOFT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROV
E DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CO
RRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIO
N AND LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APOWERSOFT BE LIABLE FOR
PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES W
HATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF D
ATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OU
T OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, RE
GARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF AP
OWERSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. The foregoing
limitations will apply even if the above stated remedy fails of its essential p
urpose.
7. Miscellaneous:
A. If you acquired the software in United States, this EULA is governed by the l
aws of the United States. If this product was acquired outside United States, th
en local laws may apply.
B. Apowersoft does not allow you to utilize the Software to do anything that vio
lates the local law. If you utilize the Software to do the illegal activity, the
consequent result shall be on your own responsibility. If you disagree with thi
s item, please don't install and/or use the Software.
C. If any provision of this Agreement shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severed from this Agreement
and shall not affect the validity or enforceability of the remaining provisions
of this Agreement. This Agreement is the complete statement of the agreement an
d supersedes any proposal or prior communications between us relating to the sub
ject matter of this Agreement.
D. LANGUAGE - The original English version of the terms may have been translated
into other languages. In the event of inconsistency or discrepancy between the
English.
E. If you have any questions regarding this Agreement, you may contact Apowersof
t via biz@apowersoft.com.