Operator`s manual

Prologue

Software License Agreement

Disclaimer of Warranties 4

THE WARRANTY SET FORTH IN THE PREVIOUS PARAGRAPH, IS IN LIEU OF ALL

OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW, FROM A COURSE

OF PERFORMANCE, A COURSE OF DEALING, TRADE USAGE, OR OTHERWISE.

SUPPLIER AND ANY ENTITY CONTROLLING, CONTROLLED BY OR UNDER

COMMON CONTROL WITH SUPPLIER (“SUPPLIER’S AFFILIATE”) SPECIFICALLY

DISCLAIM, WITHOUT LIMITATION, ALL WARRANTIES OF ANY KIND, WHETHER

EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WAR-

RANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND

NON-INFRINGEMENT. SUPPLIER AND SUPPLIER’S AFFILIATES MAKE NO REP-

RESENTATION OR WARRANTY AS TO THE SOFTWARE OR AS TO THE RESULTS

TO BE ATTAINED BY LICENSEE OR ANY THIRD PARTY FROM THE SOFTWARE.

LICENSEE ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESEN-

TATIONS OR WARRANTIES MADE BY SUPPLIER OR A SUPPLIER’S AFFILIATE EX-

CEPT FOR THOSE EXPRESSLY AND SPECIFICALLY SET FORTH IN THIS AGREE-

MENT.

Limitations of Remedies5

Supplier’s sole liability and Licensee’s sole remedy shall be:

The replacement of the program media not meeting Supplier’s limited warranty and a.

which is returned to Supplier with a copy of Licensee’s receipt;

If Supplier is unable to deliver replacement of program media which is free of defects b.

in material and workmanship, Licensee may terminate this Agreement by returning

the Software and a copy of Licensee’s receipt to Supplier, and Licensee’s money will be

refunded.

IN NO EVENT WILL SUPPLIER OR ANY OF SUPPLIER’S AFFILIATES (OR THEIR RE-

SPECTIVE OFFICERS, EMPLOYEES, CONSULTANTS, ATTORNEYS OR AGENTS), BE

LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAM-

AGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA OR IN-

FORMATION, LOSS OF USE OF THE SOFTWARE, BUSINESS INTERRUPTION, LOSS

OF BUSINESS REPUTATION OR GOODWILL, OR DOWNTIME COSTS) WHICH

THE LICENSEE OR THIRD PARTIES MAY INCUR OR EXPERIENCE, DIRECTLY OR

INDIRECTLY ARISING OUT OF OR RELATING TO THE SOFTWARE, THIS AGREE-

MENT, OR THE TERMINATION OF THIS AGREEMENT, EVEN IF SUPPLIER OR A

SUPPLIER’S AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAM-

AGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE. THE

AGGREGATE LIABILITY, ON A COMBINED BASIS, OF SUPPLIER AND SUPPLIER’S

AFFILIATES (AND THEIR RESPECTIVE OFFICERS, EMPLOYEES CONSULTANTS,

ATTORNEYS, AND AGENTS) FOR DAMAGES FOR ANY CAUSE WHATSOEVER DI-

RECTLY OR INDIRECTLY RELATING TO OR ARISING OUT OF THIS AGREEMENT

OR THE SOFTWARE, AND REGARDLESS OF THE FORM OF ACTION, SHALL BE

LIMITED TO, AT SUPPLIER’S OPTION, REPLACEMENT OF THE SOFTWARE OR RE-

FUND OF THE FEES RECEIVED BY SUPPLIER OR A SUPPLIER’S AFFILIATE FROM

LICENSEE WITH RESPECT TO THE SOFTWARE.