User manual

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DISCLAIMERS AND LIMITATIONS OF LIABILITY: THE SOFTWARE IS NOT FAULT TOLERANT, AND

IS PROVIDED AS IS AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLI-

CABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT,

LICENSOR AND ITS SUPPLIERS (1) DISCLAIM ANY AND ALL PROMISES AND REPRESENTA-

TIONS WITH RESPECT TO THE SOFTWARE, INCLUDING ITS CONDITION, ITS CONFORMITY TO

ANY REPRESENTATION OR DESCRIPTION, AND THE EXISTENCE OF ANY LATENT OR PATENT

DEFECTS, (2) DISCLAIM ALL WARRANTIES, WRITTEN OR ORAL, EXPRESS, IMPLIED, OR STATU-

TORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY,

FITNESS FOR PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY

RIGHTS; AND, (3) SHALL HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSE-

QUENTIAL, OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR

PERFORMANCE OF THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY

FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE

LIABLE FOR ANY AMOUNT IN EXCESS OF (1) THE INITIAL LICENSE FEE THAT LICENSOR

RECEIVED FROM YOU FOR THE PRODUCTS, IN THE CASE OF LICENSOR, OR (2) U.S. TWO HUN-

DRED AND FIFTY DOLLARS (U.S. $250.00), IN THE CASE OF LICENSOR'S SUPPLIERS. ALL RISK

AS TO QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU.

GENERAL: This Agreement is the complete agreement and understanding of the parties with respect to

the Software and supersedes all prior oral, written, or other representations and agreements. You

acknowledge that the Software is of U.S. origin, and agree to comply with all applicable international and

national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as

end-user, end-use, and country destination restrictions issued by the U.S. and other governments. If this

product is acquired under the s of a U.S. Government contract, use, duplication, and disclosure are sub-

ject to the s of this license and the restrictions contained in the Rights in Technical Data and Computer

Software clause at 252.227-7013 (DOD contracts); and subdivisions (a) through (d) of 52.227-19 as

applicable. This Agreement shall be governed by the laws of the State of New York, without regard to its

conflicts of law provisions.

DISTRIBUTORS AND RESELLERS: In addition to the License rights granted in this License Agreement,

Distributors and Resellers of Licensor's Products shall have the right to install and sublicense the Soft-

ware to End Users solely for the purpose of using the Software on Licensor's products for the End User's

own business. Distributors and Resellers of Licensor's Products shall have the right to advertise or other-

wise market the Software for use on Licensor's products. User's guides and programming guides for the

Software that are provided by Licensor in either hard or electronic copy may be copied and distributed.

Distributors and Resellers of Licensor's Products shall provide this License Agreement with each subli-

cense to an End User of the Software. Distributors and Resellers of Licensor's Products shall promptly

discontinue distribution of the Software to any End User which does not comply with the obligations in

this License Agreement and shall notify Licensor and cooperate with Licensor in investigating instances

of violation thereof.