User's Manual

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4.3 Transfer. You may not, rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any portion of
the Software to be copied onto another user’s Computer except as may be expressly permitted herein. You may, however, transfer
all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer (i) this Agreement, and (ii)
the Software and all other software bundled or pre-installed with the Software, including all copies, Updates and prior versions,
to such person or entity; (b) you retain no copies, including backups and copies stored on a Computer; and (c) the receiving party
accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a
license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the
Software.
5. Updates. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous
version in order to Use such Update. All Updates are provided to you on a license exchange basis. You agree that by Using an
Update you voluntarily terminate your right to Use any previous version of the Software. As an exception, you may continue to
Use previous versions of the Software on your Computer after you Use the Update but only to assist you in the transition to the
Update, provided that: (a) the Update and the previous versions are installed on the same computer; (b) the previous versions
or copies thereof are not transferred to another party or Computer unless all copies of the Update are also transferred to such
party or Computer; and (c) you acknowledge that any obligation MINI MITTER may have to support the previous versions of the
Software may be ended upon availability of the Update. All Updates will be provided to you in the sole discretion of MINI MITTER.
6. LIMITED WARRANTY.
6.1 Limited Warranty. MINI MITTER warrants for a period of twelve (12) months after the date of delivery to you (the “Warranty
Period”), the following: (a) that the Software will perform in substantial compliance with the Documentation, provided that it is
used with the data collection hardware, Computer hardware and with the operating system for which it was designed, (b) that
the media on which the Software is distributed is substantially free from significant defects in materials and workmanship. MINI
MITTER shall have no obligation to provide warranty services if the defect in the Software is caused by malfunction of non-MINI
MITTER hardware or software, by modification of the Software not made by MINI MITTER, by operator error, or by use of the
Software that is not in accordance with the operating instructions and Documentation for the Software.
6.2 Disclaimer. EXCEPT AS PROVIDED IN SECTION 6.1, MINI MITTER AND ITS SUPPLIERS MAKE NO WARRANTIES OR
REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE,
AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY,
INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Section 6 and Section 7
shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use
the Software after termination of this Agreement.
6.3 Warranty Claims. Warranty claims must be made in writing during the Warranty Period and within seven (7) days of the
observation of the defect, accompanied by evidence satisfactory to MINI MITTER. All Software should be returned to MINI
MITTER or the MINI MITTER distributor from which it was purchased and shall be shipped by the returning party with freight and
insurance paid.
7. LIMITATION OF LIABILITY. IN NO EVENT WILL MINI MITTER OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS
OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS,
EVEN IF A MINI MITTER REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS
OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED
BY APPLICABLE LAW IN YOUR JURISDICTION. MINI MITTER’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN
CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. MINI MITTER is acting
on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided
in this Agreement, but in no other respects and for no other purpose.
8. Export Rules. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner
prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the
“Export Laws”). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and
warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria,
Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the
Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms
of this Agreement.
9. Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in force in the State
of Oregon, USA, without regards to its conflicts of laws principles.
10. Term. The term of this Agreement shall begin on your acceptance and continue until the Agreement is terminated.
10.1 Termination for Cause. In the event of any material breach of this Agreement, the non-breaching party may terminate this
Agreement by giving thirty (30) days’ prior written notice to the other party; provided, however, that this Agreement shall not
terminate if the other party has cured the breach prior to the expiration of such thirty (30) day period.
10.2 Termination for Insolvency. Either party may terminate this Agreement, without notice, (i) upon the institution by or
against the other party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other party’s making an assignment
for the benefit of creditors, or (iii) upon the other party’s dissolution or ceasing to do business.