User's Manual Part 4

Release8ReferenceInformation
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Issue2,November2007 Draft5forRegulatoryReview 502
including translations, compilations, derivative works (including images) partial copies and portions
of updated works. The Software is Last Mile Gear’s (or its supplier's) confidential proprietary
information. This Software License Agreement does not convey to you any interest in or to the
Software, but only a limited right of use. You agree not to disclose it or make it available to anyone
without Last Mile Gear’s written authorization. You will exercise no less than reasonable care to
protect the Software from unauthorized disclosure. You agree not to disassemble, decompile or
reverse engineer, or create derivative works of the Software, except and only to the extent that
such activity is expressly permitted by applicable law.
Termination. This License is effective until terminated. This License will terminate immediately
without notice from Last Mile Gear or judicial resolution if you fail to comply with any provision of
this License. Upon such termination you must destroy the Software, all accompanying written
materials and all copies thereof, and the sections entitled Limited Warranty, Limitation of Remedies
and Damages, and General will survive any termination.
Limited Warranty. Last Mile Gear warrants for a period of ninety (90) days from Last Mile Gear’s
or its customer’s shipment of the Software to you that (i) the disk(s) on which the Software is
recorded will be free from defects in materials and workmanship under normal use and (ii) the
Software, under normal use, will perform substantially in accordance with Last Mile Gear’s
published specifications for that release level of the Software. The written materials are provided
"AS IS" and without warranty of any kind. Last Mile Gear's entire liability and your sole and
exclusive remedy for any breach of the foregoing limited warranty will be, at Last Mile Gear's
option, replacement of the disk(s), provision of downloadable patch or replacement code, or refund
of the unused portion of your bargained for contractual benefit up to the amount paid for this
Software License.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY LAST MILE GEAR, AND
LAST MILE GEAR AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES,
EITHER EXPRESS OF IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. LAST MILE GEAR DOES NOT WARRANT THAT THE OPERATION OF
THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN REPRESENTATIONS MADE BY
LAST MILE GEAR OR AN AGENT THEREOF SHALL CREATE A WARRANTY OR IN ANY WAY
INCREASE THE SCOPE OF THIS WARRANTY. LAST MILE GEAR DOES NOT WARRANT ANY
SOFTWARE THAT HAS BEEN OPERATED IN EXCESS OF SPECIFICATIONS, DAMAGED,
MISUSED, NEGLECTED, OR IMPROPERLY INSTALLED. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Remedies and Damages. Regardless of whether any remedy set forth herein fails
of its essential purpose, IN NO EVENT SHALL LAST MILE GEAR OR ANY OF THE LICENSORS,
DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF THE FOREGOING BE LIABLE TO
YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES
WHATSOEVER (including, without limitation, damages for loss of business profits, business
interruption, loss of business information and the like), whether foreseeable or unforeseeable,
arising out of the use or inability to use the Software or accompanying written materials, regardless
of the basis of the claim and even if Last Mile Gear or a Last Mile Gear representative has been
advised of the possibility of such damage. Last Mile Gear's liability to you for direct damages for
any cause whatsoever, regardless of the basis of the form of the action, will be limited to the price
paid for the Software that caused the damages. THIS LIMITATION WILL NOT APPLY IN CASE
OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW
REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Maintenance and Support. Last Mile Gear shall not be responsible for maintenance or support of
the software. By accepting the license granted under this agreement, you agree that Last Mile
Gear will be under no obligation to provide any support, maintenance or service in connection with
the Software or any application developed by you. Any maintenance and support of the Related
Product will be provided under the terms of the agreement for the Related Product.