HTC Cell Phone Déclaration de garantie - Page 20

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or in conjunction with, any device, program or service designed

to circumvent technological measures employed to control

access to, or the rights in, a content file or other work protected

by the copyright laws of any jurisdiction.

3. TITLE. Title, ownership, rights, and intellectual property rights in and

to the Software and Documentation shall remain in HTC (including

all its relevant suppliers/licensors). The Software is protected by

the copyright laws of the United States and international copyright

treaties. Title, ownership rights and intellectual property rights in

and to the content accessed through the Software including the

content contained in the Software media demonstration files, shall

be retained by the applicable Content owner and may be protected

by applicable copyright or other law. This license gives you NO

rights to such Content.

4. DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY. THE SOFTWARE,

DOCUMENTATION, AND CONTENT ARE PROVIDED AS IS WITHOUT

WARRANTY OF ANY KIND. HTC FURTHER DISCLAIMS ALL

WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING

OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE,

DOCUMENTATION, AND CONTENT REMAINS WITH YOU. IN NO EVENT

SHALL HTC AND ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE

HELD LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,

SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING,

WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,

BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR

OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE

USE OF OR INABILITY TO USE THE SOFTWARE, THE OR THE CONTENT,

EVEN IF HTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES. HTC's TOTAL LIABLITY FOR ANY DAMAGES UNDER THIS

AGREEMENT SHALL NEVER EXCEED THE PURCHASE PRICE YOU PAID

FOR THE HTC PRODUCT YOU BOUGHT.

Any software is not fault tolerant whether provided by a third

party or HTC. Where you/ the customer installed the software

on the device, HTC is not responsible for how it operates on the

device. The software was designed for systems that do not require

fail-safe performance. You may not use the software in any device

or system in which a malfunction of the software would result in

foreseeable risk of loss, injury or death to any person. This includes

operation of nuclear facilities, aircraft navigation or communication

systems, air traffic control or use in risky and dangerous situations or

environments.