All eMachines PCs come with Microsoft Windows operating systems pre-installed and are intended for use only with the eMachines PC you have purchased. Microsoft has approved all eMachines PCs for use with Microsoft Windows operating systems. eMachines, Inc. ("we" or "us") recognizes the need to support customers ("you") who wish to use non-supported operating system device drivers and agrees to make such device drivers available to you on a USE AT YOUR OWN RISK basis. These non-supported operating system device drivers are the products of certain component suppliers and are not an eMachines, Inc. product.

YOU ACKNOWLEDGE THAT YOU HAVE NOT PAID FOR THIS DEVICE DRIVER AND THAT THIS DEVICE DRIVER IS NOT A PRODUCT OF EMACHINES. ACCORDINGLY, THE PROGRAM IS SUPPLIED ON AN "AS IS" BASIS, AND YOU ASSUME ALL RISKS ASSOCIATED WITH ITS PERFORMANCE ON YOUR MACHINE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) YOU ASSUME THE ENTIRE COST OF ANY SERVICE OR REPAIR AND OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY THE PROGRAM, AND (II) YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF THE PROGRAM TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE PROGRAM.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE DEVICE DRIVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU FOR YOUR USE OF THIS DEVICE DRIVER. THIS LIMITATION SHALL APPLY REGARDLESS OF THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.