User manual

Liebert Software Program License Agreement

LIMITED WARRANTY: Liebert represents that it has the right and authority to grant the license

herein. Liebert warrants solely to you for a period of thirty (30) days from the date of Liebert shipment

or distribution that the distribution media (if supplied) on which the Software is furnished under nor-

mal use will be free from defects in material and workmanship and the Software will substantially con-

form to Liebert published documentation. EXCEPT FOR THE ABOVE EXPRESS WARRANTIES,

THIS SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR

IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABIL-

ITY OR FITNESS FOR INTENDED PURPOSE. LIEBERT DOES NOT WARRANT THAT THE

SOFTWARE FUNCTIONS WILL MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE WILL

OPERATE UNINTERRUPTED OR ERROR FREE.

LIMITATION OF REMEDIES/DAMAGES:

(A) Liebert’s entire liability and your exclusive remedy arising from use or inability to use the Software

is:

(1) The replacement of any distribution media not meeting Liebert’s warranty, or

(2) If Liebert is unable to provide you a replacement that conforms to Liebert’s warranty, to refund

the purchase price.

(B) IN NO EVENT WILL LIEBERT BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT

LIMITATION, LOST PROFITS, LOST REVENUE, LOSS OF USE, OR LOSS OF DATA OR OTHER

INCIDENTAL OR CONSEQUENTIAL OR OTHER ECONOMIC DAMAGES ARISING OUT OF THE

USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF

THESE DAMAGES. YOU ACKNOWLEDGE THAT THIS LICENSE REFLECTS THIS ALLOCATION

OF RISK.

U.S. GOVERNMENT RESTRICTED RIGHTS. This Software is developed at private expense and is

provided with “Restricted Rights.” Use, duplication, or disclosure by the United States Government is

subject to restrictions set forth in the Federal Acquisition Regulations and its Supplements. The manu-

facturer is Liebert Corporation, 1050 Dearborn Drive, Columbus, Ohio 43085.

ASSIGNMENT: You may not sublicense, assign, or otherwise transfer this license of the Software

without the prior written consent of Liebert. Any such transfer of rights, duties, or obligations is void.

EXPORT RESTRICTIONS: You may not export the Software in violation of applicable export laws and

regulations of the applicable countries. You agree to comply with all laws, regulations, decrees and

orders of the United States of America that restrict the exportation (or re-exportation) of the Software

to other countries, including, without limitation, the U.S. Export Administration Regulations.

UPDATE POLICY: Liebert may create, from time to time, updated versions of the Software. Liebert

reserves the right to make changes to or improvements in any aspect of the Software at any time with-

out prior notice to you and without an obligation to supply such changed and/or improved Software to

you.

COMPLETE AGREEMENT/GOVERNING LAW/VENUE: This Software license agreement comprises

the final and complete agreement between the parties. No person is authorized to change or modify this

Agreement except an executive officer of Liebert Corporation and then only in writing. The laws of the

United States and the State of Ohio shall apply to this Agreement and its interpretation without refer-

ence to choice or conflict of laws principles. Liebert and you hereby irrevocably submit to the personal

and subject matter jurisdiction of any State of Ohio or federal court sitting in Columbus, Ohio, in any

action or proceeding arising from or relating to this OpenComms™ Nform Software License Agree-

ment.

OpenComms™ Nform Software License revision June 24, 2003

LIEBERT OPENCOMMS™ NFORM SOFTWARE LICENSE AGREEMENT (continued)