6 | en Legal | RPS |
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part, all of which are the valuable property of Bosch and/or its suppliers. You may not remove, change or delete the copyright notice from the Software. If you make any copies of the Software in whole or in part, all such copies shall contain the same copyright and proprietary markings as appear on or in the original Software copy, including media markings. You will instruct your employees and others having access to the Software in and ensure their compliance with the terms of this License. You will use your best efforts to prevent any unauthorized copying of the Software. You will be responsible for any breach of any provision of this License by your employees. You shall not sell, transfer, publish, disclose or otherwise make available the whole or any part of the Software or any copies thereof to any third party or persons not permitted by the terms of, and pursuant to the terms contained in this License. You are not in violation of this Agreement, including this section, when a third party views the functional output resulting from your use of the Software.
4.TAXES: You must pay all taxes that may now or hereafter be imposed, levied, or assessed with respect to the possession or use of the Software or this License. You shall file all reports required in connection with such taxes.
5.WARRANTY, LIMITATION OF LIABILITY, REMEDIES: THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING WARRANTIES THAT THE SOFTWARE IS ERROR FREE OR WILL RUN UNINTERRUPTED, OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. NEITHER BOSCH NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, LOSS OF DATA, NOR FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS LICENSE OR OTHERWISE, OR FOR ANY CLAIM BY ANY OTHER PARTY. Bosch does not warrant the functions provided by the Software. However, Bosch warrants the media on which the Software is furnished to be free from material defects in materials and workmanship under normal use for a period of 90 days from the date of original purchase. Bosch's entire liability to you, and your exclusive remedy, shall be the replacement of the media not meeting Bosch's warranty, provided you return the same to Bosch. The replacement will be warranted for the remainder of the term of the original warranty or 30 days, whichever is longer. You assume responsibility for the selection of the Software to achieve your intended results, and for the installation, use and results obtained from the Software. Without limiting the generality of the foregoing, in no event shall Bosch be liable for any consequential, special or general damages in any action, whether based on tort, contract or otherwise, in connection with this License, or the Software furnished hereunder. The damages excluded under this paragraph include, but are not limited to, damages for loss of actual and anticipated profits, loss of programming and/or production materials, and damage to the business reputation of user.
6.U.S. GOVERNMENT RESTRICTED RIGHTS: The Software is provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR
(c) (2) Commercial Computer Software Restricted Rights, NASA clause 52.227.86 (d) Commercial Computer Software Licensing or their successor.
7.EXPORT LAWS, APPLICABLE LAW: If you, the licensee under this License, are not a U.S. citizen or you will take delivery of the Software outside the United States, Bosch will secure the necessary U.S. Government authorizations for exportation of the Software to your country of destination. You agree to not reexport the Software from that destination to another foreign country without complying with all applicable U.S. Government
4998141259 12 2011.10 | Installation Guide | Bosch Security Systems, Inc. |