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LICENSE AGREEMENT
4. LICENSEE’S SOFTWARE COVENANTS. You acknowledge and agree that SOFTWARE (whether delivered by tape, disk, electronic
means or other reproductive media or device such as ROM, RAM or PROM) together with the ideas and concepts contained therein
are, a�
licensed such software, if any) and are proprietary to Ultimatte (or such third party). You further agree and acknowledge that neither
you, n�
right, to the SOFTWARE other than as expressly granted herein. You agree not to reverse assemble, reverse compile or reverse
engineer the SOFTWARE.
5. LIMITATION OF LIABILITY. IN NO EVENT SHALL ULTIMATTE BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FORM LOST BUSINESS, DATA, PROFITS
OR GOODWILL) INCURRED OR SUFFERED BY YOU WITH RESPECT TO THE SOFTWARE OR FOR ANY OTHER REASON, EVEN IF
ULTIMATTE HAS BEEN APPRISED OF THE LIKELIHOOD OF THE SAME. ULTIMATTE’S SOLE LIABILITY FOR ANY DAMAGES OR
OBLIGATIONS RELATING THERETO SHALL BE LIMITED TO THAT SET FORTH HEREIN, REGARDLESS OF WHETHER ANY LIABILITY IS
BASED UPON CONTRACT, TORT OR OTHER THEORY. ANY ACTION FOR A BREACH OF ULTIMATTE’S OBLIGATIONS HEREIN MUST
BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
LIMITED WARRANTY
LIMITED WARRANTY. Ultimatte warrants that:
(a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days
from the date of receipt; and
(b) any hardware accompanying the SOFTWARE will be free from defects in materials and workmanship under normal use and service
for a period of one (1) year from the date of receipt. Any implied warranties on the SOFTWARE and hardware are limited to ninety (90)
days and one (1) year, respectively. Some states do not allow limitations on duration of an implied warranty, so the above limitation
may not apply to you.
CUSTOMER REMEDIES. Ultimatte’s entire liability and your exclusive remedy shall be, at Ultimatte’s option, either
(a) return of the price paid or
(b) repair or replacement of the SOFTWARE or hardware that does not meet Ultimatte’s Warranty and that is returned to Ultimatte
with a copy of your receipt.
This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication. Any
replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
NO OTHER WARRANTIES. Ultimatte disclaims all other warranties, either express or implied, including but not limited to implied
warranties of merchantability and fitness for a particular purpose, with respect to the SOFTWARE, the accompanying written
materials, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others, which vary
from state to state.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Ultimatte or its suppliers be liable for any damages whatsoever
(including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other
pecuniary lo�
of su�
the above limitation may not apply to you.
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