| This software is protected by Copyright and the information contained |
| herein is confidential. The software may not be copied and the information |
| contained herein may not be used or disclosed except with the written |
| permission of MediaTek Inc. (C) 2009 |
| |
| BY OPENING THIS FILE, BUYER HEREBY UNEQUIVOCALLY ACKNOWLEDGES AND AGREES |
| THAT THE SOFTWARE/FIRMWARE AND ITS DOCUMENTATIONS ("MEDIATEK SOFTWARE") |
| RECEIVED FROM MEDIATEK AND/OR ITS REPRESENTATIVES ARE PROVIDED TO BUYER ON |
| AN "AS-IS" BASIS ONLY. MEDIATEK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, |
| EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF |
| MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. |
| NEITHER DOES MEDIATEK PROVIDE ANY WARRANTY WHATSOEVER WITH RESPECT TO THE |
| SOFTWARE OF ANY THIRD PARTY WHICH MAY BE USED BY, INCORPORATED IN, OR |
| SUPPLIED WITH THE MEDIATEK SOFTWARE, AND BUYER AGREES TO LOOK ONLY TO SUCH |
| THIRD PARTY FOR ANY WARRANTY CLAIM RELATING THERETO. MEDIATEK SHALL ALSO |
| NOT BE RESPONSIBLE FOR ANY MEDIATEK SOFTWARE RELEASES MADE TO BUYER'S |
| SPECIFICATION OR TO CONFORM TO A PARTICULAR STANDARD OR OPEN FORUM. |
| |
| BUYER'S SOLE AND EXCLUSIVE REMEDY AND MEDIATEK'S ENTIRE AND CUMULATIVE |
| LIABILITY WITH RESPECT TO THE MEDIATEK SOFTWARE RELEASED HEREUNDER WILL BE, |
| AT MEDIATEK'S OPTION, TO REVISE OR REPLACE THE MEDIATEK SOFTWARE AT ISSUE, |
| OR REFUND ANY SOFTWARE LICENSE FEES OR SERVICE CHARGE PAID BY BUYER TO |
| MEDIATEK FOR SUCH MEDIATEK SOFTWARE AT ISSUE. |
| |
| THE TRANSACTION CONTEMPLATED HEREUNDER SHALL BE CONSTRUED IN ACCORDANCE |
| WITH THE LAWS OF THE STATE OF CALIFORNIA, USA, EXCLUDING ITS CONFLICT OF |
| LAWS PRINCIPLES. ANY DISPUTES, CONTROVERSIES OR CLAIMS ARISING THEREOF AND |
| RELATED THERETO SHALL BE SETTLED BY ARBITRATION IN SAN FRANCISCO, CA, UNDER |
| THE RULES OF THE INTERNATIONAL CHAMBER OF COMMERCE (ICC). |