PLEASE READ THE FOLLOWING AND SELECT "YES" IF YOU AGREE WITH THE TERMS AND CONDITIONS.
1. LICENSE: Viacom New Media ("VNM") grants to you a nontransferable, right to use the copy of the software program identified above (the "Software"). You may not copy the Software or any accompanying materials (the "Documentation"), except that you may make one copy for backup purposes. You may not place the Software on a computer that would allow multiple users to access it. You may not reverse engineer, disassemble, decompile, modify, adapt, translate, or create derivative works of the Software or Documentation. As between you and VNM, VNM retains all rights, title, and ownership in the Software. VNM may terminate this license immediately if you fail to comply with its terms.
2. WARRANTY: VNM warrants that the Software will perform substantially in accordance with the Documentation for a period of ninety (90) days from the date of purchase. VNM's entire liability and your sole and exclusive remedy is the return of the Software for a refund of the amounts paid by you or a replacement copy of the Software, so long as the Software is returned to VNM in the original packaging with a copy of your receipt and has not been subject to misuse, neglect, improper installation, repair, alteration, or damage by you. Any replacement Software will be warranted for the remainder of the original warranty period. EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, VNM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
3. LIMITATION OF LIABILITY: IN NO EVENT WILL VNM OR ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF VNM OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LIABILITY OF VNM OR ITS SUPPLIERS FOR DAMAGES HEREUNDER EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OF LIABILITY FOR INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT ALWAYS APPLY.
BY SELECTING "YES" BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, AND AGREE TO BE BOUND BY ITS TERMS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE ONLY AGREEMENT BETWEEN YOU AND VNM AND SUPERSEDES ALL OTHER COMMUNICATIONS BETWEEN YOU AND VNM RELATING TO THE SOFTWARE.
