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READ THE FOLLOWING TERMS AND CONDITIONS. BY DOWNLOADING
ANY FILES FROM PACIFIC DIGITAL, CORP., YOU AGREE TO
BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO
NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD
ANY FILES. This License grants you
a non-exclusive license to use the Pacific Digital,
Corp. and related documentation ("Software")
on the following terms and conditions:
Disclaimer
of Warranty.
YOU ACCEPT ALL RISKS WHICH MAY
ARISE FROM THE DOWNLOADING OF THE SOFTWARE, INCLUDING
BUT NOT LIMITED TO ERRORS IN TRANSMISSION OR CORRUPTION
OF EXISTING DATA OR SOFTWARE. PACIFIC DIGITAL, CORP.
MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY
DISCLAIMS ANY WARRANTY OF NON INFRINGEMENT OF THIRD
PARTIES' RIGHTS, WARRANTIES OF MERCHANTABILITY AND
OF FITNESS FOR A PARTICULAR PURPOSE.
Some states do not allow the
exclusion of implied warranties or limitations of
how long an implied warranty may last, so the above
exclusion may not apply to you. You may also have
other rights which vary from state to state.
Limitation
of Liability:
UNDER NO CIRCUMSTANCES
AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE,
SHALL PACIFIC DIGITAL, CORP. OR ITS SUPPLIERS OR
RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
IF PACIFIC
DIGITAL, CORP.
SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
By downloading, you acknowledge
that the laws and regulations of the United States
restrict the export and re-export of the Software.
Further, you agree that you will not export or re-export
the Software or media in any form without the appropriate
United States and foreign government approval.
You agree this is the complete
agreement concerning this License. In order to amend
this License, a writing executed by both parties
is required. You assume full responsibility for
the legal and responsible use of the Software. This
License shall be governed by California law as such
law applies to agreements between California residents
entered into and to be performed within California,
except as governed by Federal law. Should any provision
of this License be declared unenforceable in any
jurisdiction, then such provision shall be deemed
to be sever able from this License and shall not
affect the remainder hereof. All rights in the Software
not specifically granted in this License are reserved
by Pacific Digital, Corp.
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