User's Manual
14
Device(s) on which You are licensed
to use the Software. Your rights to the
Software do not include any license,
right, power or authority to subject the
Software in whole or in part to any of
the terms of an Excluded License.
“Excluded License” means any license
that requires as a condition of use,
modication and/or distribution of
Software subject to Excluded License,
that such Software of other software
combined or distributed with such
software be a) disclosed or distributed
in source code form; b) licensed for the
purpose of making derivative works; or
c) redistributable at no charge
You may not sell, lease, rent, assign,
sublicense or transfer the Software
except that You may transfer all of
Your rights under this EULA as part of
a sale or transfer of the Device(s). Such
a sale or transfer may only be made if
You retain no copies of the Software,
You transfer all of the Software
(including any media, archival copies,
Revisions and Documentation) and the
recipient agrees to abide by the terms
of this EULA. A Revision may not be
transferred unless You transfer all prior
versions of the Software. In the event
of any such transfer, You shall remain
liable and responsible to Nordic ID for
the performance of all of Your duties
and obligations under this EULA.
You agree to grant Nordic ID and its
independent accountants the right to
examine Your books, accounts and
records to verify compliance with this
EULA. In the event such an audit
reveals non-compliance, You shall
promptly sustain compliance and pay
Nordic ID the applicable license fees
(if any)
DISCLAIMER OF WARRANTY
AND LIMITATION OF LI-
ABILITY
The software is not fault tolerant and
is not designed, manufactured or
intended for any use requiring fail-safe
performance in which the failure of
Software could lead to death, serious
personal injury, severe physical or
environmental damage (“High Risk
Activities”). This includes the operation
of aircraft, aircraft navigation or
communication systems, direct life
support machines or weapons systems
or nuclear facilities. Use of Device in
High Risk Activities is not licensed.
The Software is not warranted to be
compatible with all applications or
environments. Contact the reseller You
purchased the Device for information
about hardware and/or software
compatibility.
NO WARRANTIES FOR THE
SOFTWARE. THE SOFTWARE IS
PROVIDED AS IS AND WITH ALL
FAULTS. NORDIC ID, ITS LICENSORS
AND OTHER SOFTWARE
SUPPLIERS DISCLAIM ANY AND ALL
PROMISES, REPRESENTATIONS,
AND WARRANTIES WITH RESPECT
TO THE SOFTWARE, INCLUDING
ITS CONDITION, ITS CONFORMITY
TO ANY REPRESENTATION OR
DESCRIPTION, THE EXISTENCE
OF ANY LATENT OR PATENT
DEFECTS, ANY NEGLIGENCE
AND ITS MERCHANTABILITY OR
FITNESS FOR A PARTICULAR USE
OR NON-INFRINGEMENT. THE
ENTIRE RISK WITH RESPECT TO
THE SOFTWARE IS WITH YOU.
IF YOU HAVE RECEIVED ANY
WARRANTIES REGARDING THE
SOFTWARE, THOSE WARRANTIES
DO NOT ORIGINATE FROM, AND
ARE NOT BINDING ON, NORDIC ID,
ITS LICENSORS OR ITS SOFTWARE
SUPPLIERS.
EXCEPT AS PROHIBITED BY LAW,
NEITHER NORDIC ID NOR ANY
OF ITS SOFTWARE SUPPLIERS
SHALL HAVE ANY LIABILITY FOR
ANY DIRECT, INDIRECT, SPECIAL
CONSEQUENTIAL 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 NORDIC
ID OR NORDIC ID’S SOFTWARE
SUPPLIERS BE LIABLE FOR ANY
AMOUNT IN EXCESS OF THE INITIAL
LICENSE FEE NORDIC ID RECEIVED
FROM YOU FOR THE NORDIC ID
DEVICE IN THE CASE OF NORDIC ID
OR U.S. TWO HUNDRED AND FIFTY
DOLLARS (U.S. $250.00) IN THE
CASE OF NORDIC ID’S LICENSORS
OR SOFTWARE SUPPLIERS.