Software License
ware from unauthorized disclosure or use.
5.Term and Termination: This Agreement and the rights and licences hereby granted shall continue in force in perpetuity unless terminated by NovAtel or Licensee in accordance herewith. In the event that the Licensee shall at any time during the term of this Agreement: i) be in breach of its obligations hereunder where such breach is irremediable or if capable of remedy is not remedied within 30 days of notice from NovAtel requiring its remedy; then and in any event NovAtel may forthwith by notice in writ- ing terminate this Agreement together with the rights and licences hereby granted by NovAtel. Licensee may terminate this Agreement by providing written notice to NovAtel. Upon termination, for any reasons, the Licensee shall promptly, on NovAtel's request, return to NovAtel or at the election of NovAtel destroy all copies of any documents and extracts comprising or containing the Software. The Licensee shall also erase any copies of the Software residing on Licensee's computer equipment. Ter- mination shall be without prejudice to the accrued rights of either party, including payments due to NovAtel. This provision shall survive termination of this Agreement howsoever arising.
6.Warranty: NovAtel does not warrant the contents of the Software or that it will be error free. The Software is furnished "AS IS" and without warranty as to the performance or results you may obtain by using the Software. The entire risk as to the results and performance of the Software is assumed by you. See product enclosure, if any for any additional warranty.
7.Indemnification: NovAtel shall be under no obligation or liability of any kind (in contract, tort or oth- erwise and whether directly or indirectly or by way of indemnity contribution or otherwise howsoever) to the Licensee and the Licensee will indemnify and hold NovAtel harmless against all or any loss, dam- age, actions, costs, claims, demands and other liabilities or any kind whatsoever (direct, consequential, special or otherwise) arising directly or indirectly out of or by reason of the use by the Licensee of the Software whether the same shall arise in consequence of any such infringement, deficiency, inaccu- racy, error or other defect therein and whether or not involving negligence on the part of any person.
8.Disclaimer and Limitation of Liability:
(a)THE WARRANTIES IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NovAtel DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES. IN NO EVENT WILL NovAtel's LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF NovAtel HAS KNOWLEDGE OF THE POTENTIAL LOSS OR DAMAGE.
(b)NovAtel will not be liable for any loss or damage caused by delay in furnishing the Software or any other performance under this Agreement.
(c)NovAtel's entire liability and your exclusive remedies for our liability of any kind (including lia- bility for negligence) for the Software covered by this Agreement and all other performance or
by this Agreement.
9.Governing Law: This Agreement is governed by the laws of the Province of Alberta, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Alberta.
10.Customer Support: For Software UPDATES and UPGRADES, and regular customer support, contact the NovAtel GPS Hotline at
website: http://www.novatel.com or write to:
NovAtel Inc.
Customer Service Department
1120 - 68 Avenue NE,
Calgary, Alberta, Canada T2E 8S5
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