User's Manual
LibreStream n_sight MCD2000 User Manual
41
confidential information of like kind
and which shall in no event be less
than would be taken by a prudent
business person in similar
circumstances. Without in any way
limiting the foregoing, Licensee shall
restrict access to Confidential
Information, including the Software,
to Licensee employees and individual
third party contractors who have
executed a written agreement with
Licensee sufficient to protect the
Confidential Information in
accordance with the provisions of this
Agreement and who have a "need-to-
know" to carry out the licenses
granted herein. Notwithstanding the
foregoing, all Confidential
Information, any and all documents
and other tangible material and/or
objects containing or representing
Confidential Information and any and
all copies thereof shall be and always
remain the property of LibreStream
or the Third Party Licensors, as the
case may be.
6. REPRESENTATIONS AND
WARRANTIES.
6.1 LibreStream warrants that the
LibreStream Software will perform in
substantial conformance to the
applicable LibreStream published
specifications for that LibreStream
Software for a period of 12 months
from the date of shipment from
LibreStream or from the date of
downloading by Licensee, whichever
is earlier, provided that (a) the
LibreStream Software remains
unmodified by anyone other than
LibreStream; (b) the LibreStream
Software is and has always been
operated under normal and proper
conditions on the authorized
LibreStream Product and/or
Computer on which that LibreStream
Software is licensed to be used; (c)
the LibreStream Software has not
been used in any manner for which it
was not designed; (d) the
LibreStream Software has not been
used with any unauthorized software,
hardware or third party equipment;
(e) Licensee is not in breach of this
Agreement; and (f) notice of any
claim under this limited warranty is
received in writing by LibreStream
within the 12 month limited warranty
period.
6.2 Licensee’s sole and exclusive
remedy (at law, in equity or
otherwise), and the sole and entire
responsibility and liability of
LibreStream, with respect to any
claim under the limited warranty set
forth in Section 6.1 is for
LibreStream, at its sole option and
discretion, to either (a) use
commercially reasonable efforts to
bring the non-warranty-compliant
LibreStream Software into substantial
conformance with its published
specifications; or (b) refund to
Licensee the purchase price paid for
the non-warranty-compliant
LibreStream Software.
6.3 NO REPRESENTATION OR
WARRANTY OF ANY NATURE OR
KIND WHATSOEVER IS PROVIDED BY
LIBRESTREAM REGARDING ANY
THIRD PARTY SOFTWARE. IF AND TO
THE EXTENT THAT ANY THIRD PARTY
SOFTWARE LICENSE AGREEMENT IS
ATTACHED TO THIS AGREEMENT AS
A SCHEDULE OR IS EXPRESSLY
REFERENCED IN ANY SCHEDULE TO
THIS AGREEMENT, LICENSEES
SHOULD CAREFULLY REVIEW ANY
SUCH THIRD PARTY SOFTWARE
LICENSE AGREEMENT TO
DETERMINE WHETHER OR NOT ANY
REPRESENTATION OR WARRANTY IS
PROVIDED TO LICENSEE IN RESPECT
OF THE THIRD PARTY SOFTWARE
THAT IS THE SUBJECT OF SUCH
THIRD PARTY SOFTWARE LICENSE
AGREEMENT. OTHERWISE, ALL
THIRD PARTY SOFTWARE IS
PROVIDED "AS IS", WITHOUT ANY
REPRESENTATION, WARRANTY OR
CONDITION OF ANY NATURE OR
KIND WHATSOEVER.
6.4 TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW
AND SUBJECT ONLY TO THE LIMITED
WARRANTY IN SECTION 6.1 IN THE
CASE OF THE LIBRESTREAM
SOFTWARE AND TO ANY EXPRESS
PROVISION TO THE CONTRARY IN
ANY THIRD PARTY SOFTWARE
LICENSE AGREEMENT (WHICH SUCH
PROVISION SHALL BE CONFINED TO
THE THIRD PARTY SOFTWARE AND
THE THIRD PARTY LICENSOR THAT
ARE THE SUBJECT OF THAT THIRD
PARTY SOFTWARE LICENSE
AGREEMENT), LIBRESTREAM AND
THE THIRD PARTY LICENSORS
EXPRESSLY DISCLAIM ALL OTHER
REPRESENTATIONS, WARRANTIES
AND CONDITIONS, WHETHER
EXPRESS OR IMPLIED, IN FACT OR
BY OPERATION OF LAW, STATUTORY
OR OTHERWISE, INCLUDING
WITHOUT LIMITATION QUIET
ENJOYMENT, NON-INFRINGEMENT
OF THIRD PARTY INTELLECTUAL
PROPERTY RIGHTS AND THE
IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY,
MERCHANTABLE QUALITY AND
FITNESS FOR A PARTICULAR
PURPOSE. IN PARTICULAR, NEITHER
LIBRESTREAM NOR ANY THIRD
PARTY LICENSOR REPRESENTS OR
WARRANTS THAT THE
FUNCTIONALITY OF THE SOFTWARE
WILL SATISFY ANY OR ALL OF
LICENSEE’S REQUIREMENTS, THAT
THE SOFTWARE WILL WORK IN
COMBINATION WITH ANY
HARDWARE OR SOFTWARE
PRODUCTS PROVIDED BY THIRD
PARTIES, THAT THE OPERATION OF
THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR FREE,
OR THAT ALL ERRORS OR DEFECTS
IN THE SOFTWARE WILL BE
CORRECTED. SOFTWARE UPDATES,
IF ANY, WILL BE PROVIDED AT THE
SOLE DISCRETION OF
LIBRESTREAM. LICENSEE
ACKNOWLEDGES AND AGREES THAT
SOFTWARE IN GENERAL IS NOT
ERROR-FREE, AND THAT THE
EXISTENCE OF MINOR ERRORS OR
DEFECTS IN THE SOFTWARE DOES
NOT MEAN THAT THE SOFTWARE
DOES NOT PERFORM IN
SUBSTANTIAL CONFORMANCE WITH
ITS APPLICABLE PUBLISHED
SPECIFICATIONS. NEITHER
LIBRESTREAM NOR ANY THIRD
PARTY LICENSOR SHALL BE
RESPONSIBLE FOR THE
RECONSTRUCTION OF ANY
CORRUPTED OR LOST DATA FILES.