Doremi Cinema DCP-2000 Manuel De L'opérateur page 4

8. Disclaimer of Warranty.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH
RESPECT TO ITS MERCHANDABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH THE CUSTOMER. SHOULD THE SOFTWARE PROVE
DEFECTIVE, THE CUSTOMER (AND NOT LICENSOR OR A LICENSOR AUTHORIZED DISTRIBUTOR) ASSUMES THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIRING, OR CORRECTION.
LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET THE CUSTOMER'S
REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT
DEFECTS IN THE SOFTWARE WILL BE CORRECTED. IF ANY MODEL OR SAMPLE WAS SHOWN TO THE CUSTOMER,
SUCH A MODEL OR SAMPLE WAS USED MERELY TO ILLUSTRATE THE GENERAL TYPE AND QUALITY OF THE
SOFTWARE AND NOT TO REPRESENT THAT THE SOFTWARE WOULD NECESSARILY CONFORM TO SUCH A MODEL OR
SAMPLE.
Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to the Customer.
9. Limitation of Remedies. The Licensor shall not, under any circumstances, be liable to the Customer for any indirect,
consequential or incidental damages arising out of the use, or results of use of, the software and documentation or otherwise
relating to the functioning thereof or arising out of this agreement or any breach of this agreement by the Licensor, even if the
Licensor has been advised of the possibility of such damages. Licensor's liability to the Customer for actual damages for any cause
whatsoever, and regardless of the form of the action, will be limited to the greater of $300 or the money paid for the Software that
caused the damages or that is the subject matter of, or is directly related to, the cause of action. Some states do not allow the
limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to
customer.
10. General.
(a) The terms of this Agreement are intended as a final expression of the parties' agreement with respect to such terms as are
included in this Agreement and may not be contradicted by evidence of any prior or contemporaneous agreement. This Agreement
constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any
judicial proceeding, if any, involving this Agreement.
(b) This Agreement shall be construed and enforced in accordance with the laws of the State of California applicable to contracts
made and to be performed entirely in the State of California without regard to such state's conflict of laws provisions.
(c) If any portion of any provision of this Agreement is ruled invalid or unenforceable under any applicable law, that provision will be
enforced to the maximum extent permissible and the remainder of this Agreement shall continue in full force and effect.
(d) All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be
deemed a waiver of any other provision or of such provision on any other occasion.
DCP2000_OperatorManual_000348_Fr Page 4 Version 1.1
D2K.OM.000348.DRM Doremi Cinema LLC