Model 2977 DialFire RAS User Manual | A • Software License Agreements |
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STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MER- CHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIABILITY LIMITATIONS. UNDER NO CIRCUMSTANCES WILL PATTON ELECTRONICS OR ANY OF ITS DISTRIBUTORS OR SUPPLIERS BE LIABLE FOR LOSS OF DATA, REPROCURE- MENT COSTS, LOST REVENUE OR PROFITS OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF THOSE DAMAGES WERE FORESEEABLE OR YOU HAVE INFORMED PATTON ELECTRONICS OF POTENTIAL LIABILITY. PATTON ELECTRON- ICS'S TOTAL LIABILITY TO YOU FOR DAMAGES FOR ANY REASON SHALL NOT EXCEED THE PRICE ACTUALLY PAID TO PATTON ELECTRONICS BY YOU FOR THE PRODUCT ASSOCI- ATED WITH THE SOFTWARE.
TITLE AND OWNERSHIP. You acknowledge and agree that Patton Electronics retains all right, title and interest in and to the Software. You agree to indemnify, defend and hold harmless Patton Electronics against any loss suffered or expenditure made by Patton Electronics arising from an assertion of an interest in or title to the Patton Electronics Software by you and against any breach by you of any copyright, patent rights, or any other rights in the Patton Electronics Software.
TERMINATION. You acknowledge and agree that Patton Electronics may terminate your license and use of the Patton Electronics Software without notice if, at any time, you fail to comply with a material term or con- dition of this Software License Agreement. Immediately upon termination of this license, you will return all copies of the Patton Electronics Software to Patton Electronics, together with all documentation, modifica- tions and enhancements thereto, or at Patton Electronics's request, destroy all copies of the Patton Electronics Software documentation, modifications and enhancements in your possession. You understand and agree that in the event of termination, Patton Electronics may use computer hardware, software or other methods to ren- der the Patton Electronics Software inoperable.
ASSIGNMENT. You may not assign this license without the prior written consent of Patton Electronics. Pat- ton Electronics may assign the Patton Electronics Software to any third party at its discretion, but will provide you with written notice in the event of such assignment.
CHOICE OF LAW AND VENUE. This Software License Agreement shall be governed and construed in accordance with the laws of the State of Minnesota. Any controversy or claim arising out of or related to this license and/or your use of the Patton Electronics Software shall be venued in Minnesota State District Court, County of Hennepin or the United States District Court for the District of Minnesota.
MAINTENANCE AND SUPPORT. Any software maintenance or support services provided to you by Pat- ton Electronics, are provided at Patton Electronics's discretion, and Patton Electronics reserves the right to dis- continue and/or commence charging fees for maintenance or support services at any time. You also understand and agree that any maintenance or support services provided to you by Patton Electronics are provided as is, and Patton Electronics makes no representations or warranties with regard to those services.
Agreement for using the DialFire driver software with the Microsoft Windows NT operating system | 59 |