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• No Liability for Certain Damages. EXCEPT
AS PROHIBITED BY LAW, MACROMEDIA
SHALL HAVE NO LIABILITY FOR ANY
INDIRECT, SPECIAL, CONSEQUENTIAL
OR INCIDENTAL DAMAGES ARISING
FROM OR IN CONNECTION WITH
THE USE OR PERFORMANCE OF
THE SOFTWARE. THIS LIMITATION
SHALL APPLY EVEN IF ANY REMEDY
FAILS OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL MACROMEDIA
BE LIABLE FOR ANY AMOUNT IN
EXCESS OF U.S. TWO HUNDRED
FIFTY DOLLARS (U.S.$250.00). (USA
only) SOME STATES DO NOT ALLOW
THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OF
CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU AND YOU MAY
ALSO HAVE OTHER LEGAL RIGHTS
THAT VARY FROM STATE TO STATE.
THE FOREGOING LIMITATIONS ON
LIABILITY ARE INTENDED TO APPLY TO
THE WARRANTIES AND DISCLAIMERS
ABOVE AND ALL OTHER ASPECTS OF
THIS EULA.
• Limitations on Reverse Engineering,
Decompilation, and Disassembly. You
may not reverse engineer, decompile,
disassemble or otherwise reduce the
SOFTWARE to human-perceivable form,
except and only to the extent that such
activity is expressly permitted by applicable
law notwithstanding this limitation. You may
not alter, merge, modify, adapt or translate
the SOFTWARE, or create derivative works
based upon the SOFTWARE.
• The foregoing license gives you
limited license to use the Software.
MACROMEDIA and its suppliers retain
all right, title and interest, including all
copyright and intellectual property rights, in
and to, the Software and all copies thereof.
All rights not specifically granted in this
EULA, including Federal and International
Copyrights, are reserved by Licensor and
its suppliers.
• SOFTWARE TRANSFER ALLOWED
BUT WITH RESTRICTIONS. You may
permanently transfer rights under this
EULA only as part of a permanent sale
or transfer of the Device, and only if
the recipient agrees to this EULA. If the
SOFTWARE is an upgrade, any transfer
must also include all prior versions of
the SOFTWARE. You may not retain any
copies of the SOFTWARE. You may not
rent, lease or sublicense the software.
• EXPORT RESTRICTIONS. You
acknowledge that SOFTWARE is of
US-origin. You agree to comply with all
applicable international and national laws
that apply to the SOFTWARE, including
the U.S. Export Administration Regulations,
as well as end-user, end-use and country
destination restrictions issued by U.S. and
other governments.
• In the event that you fail to comply with
this EULA, Licensor may terminate the
license and you must destroy all copies
of the Software (with all other rights of
both parties and all other provisions of
this EULA surviving any such termination).
The Software and the documentation are
provided with “RESTRICTED RIGHTSî
applicable to private and public licenses
alike. Without limiting the foregoing, use,
duplication, or disclosure by the U.S.
Government is subject to restrictions as
set forth in this EULA and as provided
in DFARS 227.7202-1(a) and 227.7202-
3(a) (1995), DFARS 252.227- 7013
(c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995),
FAR 52.227-19, or FAR 52.227-14, as
applicable.
• The limitations or exclusions of warranties
and liability contained in this EULA do not
affect or prejudice the statutory rights of a
consumer, i.e., a person acquiring goods
otherwise than in the course of a business.
The limitations or exclusions of warranties,
remedies or liability contained in this EULA
shall apply to you only to the extent such
limitations or exclusions are permitted
under the laws of the jurisdiction where you
are located.
• Third-party software MPEG-Layer 3 audio
compression technology licensed by
Fraunhofer IIS and Thomson multimedia.
(http://www.iis.fhg.de/amm/). You cannot
use the MP3 compressed audio within the
Software for real time or live broadcasts. If
you require an MP3 decoder for real time
or live broadcasts, you are responsible for
obtaining this MP3 technology license.
• This EULA with respect to the Software
shall be governed by the internal laws of
the State of California, without giving effect
to principles of conflict of laws.