User's Manual

Privaris plusID Manager Operators Manual V1.0
Page 52 of 54 07.20.07
failures caused by (1) actions of any non-Licensor personnel, your failure to follow Licensor's
installation, operation, or maintenance instructions, (3) attachment to or incorporation in the Software
of non-Licensor products not supported or otherwise authorized by Licensor, or (4) or any factor
beyond Licensor's control, including fire, explosion, lightning, pest damage, power surges or failures,
strikes or labor disputes, water, acts of God, the elements, war, terrorism, civil disturbances, acts of
civil or military authorities or the public enemy, transportation facilities, fuel or energy shortages, or
acts or omissions of communications carriers.
EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION 6, THE SOFTWARE IS
LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, OR INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR OF NON-
INFRINGEMENT. YOUR SOLE REMEDY AGAINST LICENSOR, ITS AFFILIATES,
SUBCONTRACTORS, AND REPRESENTATIVES FOR LOSS OR DAMAGE CAUSED BY ANY
FAILURE OF THE SOFTWARE TO OPERATE IN CONFORMITY WITH THIS WARRANTY,
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE (1) THE REPAIR OR
REPLACEMENT OF THE SOFTWARE, PROVIDED THAT SUCH SOFTWARE IS RETURNED IN
ACCORDANCE WITH THE CONDITIONS PROVIDED HEREIN OR (2) IF SUCH REPAIR CANNOT
BE MADE OR AN EQUIVALENT REPLACEMENT CANNOT BE PROVIDED, THE REFUND OF
AMOUNTS PREVIOUSLY PAID BY YOU BETWEEN DISCOVERY OF THE FAILURE OF THE
SOFTWARE TO OPERATE IN CONFORMITY WITH THIS WARRANTY AND THE RETURN OF
THE SOFTWARE AS REQUIRED BY THIS AGREEMENT.
7. Limitations on Liability. IN NO EVENT SHALL LICENSOR BE LIABLE FOR
INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR LOST
PROFITS, SAVINGS, OR REVENUES OF ANY KIND, OR FOR LOST DATA OR
DOWNTIME, REGARDLESS OF WHETHER LICENSOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE CUMULATIVE LIABILITY OF LICENSOR TO
YOUR ORGANIZATION FOR ALL CLAIMS RELATING TO THE SOFTWARE OR THIS
AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT
OR TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL
NOT EXCEED THE TOTAL AMOUNT OF ALL FEES PAID TO LICENSOR HEREUNDER.
8. Miscellaneous. The provisions of Sections 4, 6, 7 and this Section 8 shall continue to
apply in accordance with their terms, notwithstanding the termination of this Agreement.
References to "your organization" or "you" herein, for purposes of establishing the permitted use of
the Software, shall include the operations of any direct or indirect parent or subsidiary company or of
any direct or indirect subsidiary company of any such parent company. This Agreement and the rights
and obligations of the parties with respect to the Software shall be governed by Virginia law, as it
applies to a contract negotiated, executed, and performed in that state and without giving effect to
principles of conflicts of law. Any legal action or proceeding arising under this Agreement shall only
be initiated in the courts of the Commonwealth of Virginia. Execution and delivery of this Agreement
by the parties indicates their intent to submit their disputes, their persons and their property, generally
and unconditionally, to the jurisdiction of such courts. Venue shall be proper in any such court. If any
action is brought by either party to this Agreement against the other party regarding the subject
matter of this Agreement, the prevailing party shall be entitled to recover, in addition to any other
relief granted, reasonable attorney fees and expenses of litigation.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND
UNDERSTAND THIS AGREEMENT AND THAT BY OPENING THIS PACKAGE,
YOU MANIFEST YOUR ASSENT TO BE BOUND BY ITS TERMS AND CONDITIONS.
[ ] I ACCEPT
[ ] I DO NOT ACCEPT