End user agreement for Jesterware DVD to Apple TV
DVD to Apple TV License Agreement
Please read this document carefully before proceeding. You must agree to this DVD to Apple TV. License Agreement (the "License") in order to use the DVD to Apple TV Program (the "Program"). By selecting the "I Accept" option below, you are agreeing to the terms and conditions of this License. By selecting the "Do Not Accept" button below, you understand that you will not be allowed to use the Program.
You understand and agree that Jesterware may amend, modify, change, and cease distribution or production of the program at any time. You understand that this License does not entitle you to receive any upgrades, updates, or future versions of the program under this License.
Jesterware and its suppliers or licensors shall retain all right, title, and interest to the Program. All rights not expressly granted herein are reserved by Jesterware.
You will indemnify and hold Jesterware harmless from any third party claim, loss, or damage (including attorney’s fees) related to your use of the Program.
8. Disclaimer of Warranties and Technical Support
THE Program IS PROVIDED TO YOU AT A CHARGE, AND ON AN "AS IS" BASIS AND "WITH ALL FAULTS", WITHOUT ANY TECHNICAL SUPPORT OR WARRANTY OF ANY KIND FROM JESTERWARE. YOU ASSUME ALL RISKS THAT THE PROGRAM IS SUITABLE OR ACCURATE FOR YOUR NEEDS AND YOUR USE OF THE PROGRAM IS AT YOUR OWN DISCRETION AND RISK. JESTERWARE DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES FOR THE PROGRAM INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. THESE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND LIABILITY MAY NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER; I.E., A PERSON ACQUIRING GOODS OTHERWISE THAN IN THE COURSE OF A BUSINESS.
9. Limitation of Damages
NEITHER JESTERWARE NOR ITS SUPPLIERS OR LICENSORS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), ARISING OUT OF THIS LICENSE WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF JESTERWARE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the bargain between Jesterware and you. You agree that Jesterware would not be able to provide the documentation on an economic basis without such limitations