User's Manual

X2 and XR300 Series Notices and Regulatory Guide
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with other software or code used by Customer; (iii) allow access to the Software by any user other than by
Customer's employees and contractors who are bound in writing to confidentiality and non-use restrictions at
least as protective as those set forth herein; (iv) except as expressly set forth herein, write or develop any
derivative software or any other software program based upon the Software; (v) use any computer software or
hardware which is designated to defeat any copy protection or other use limiting device, including any device
intended to limit the number of users or devices accessing the Product; (vi) disclose information about the
performance or operation of the Product or Software to any third party without the prior written consent of
Licensor; or (vii) engage a third party to perform benchmark or functionality testing of the Product or
Software.
3.0 LIMITED WARRANTY AND LIMITATION OF LIABILITY
3.1 Limited Warranty & Exclusions. Licensor warrants that the Software will perform in substantial accordance
with the specifications therefore set forth in the Documentation for a period of ninety [90] days after
Customer's acceptance of the terms of this Agreement with respect to the Software (“Warranty Period”). If
during the Warranty Period the Software or Product does not perform as warranted, Licensor shall, at its
option, correct the relevant Product and/or Software giving rise to such breach of performance or replace such
Product and/or Software free of charge. THE FOREGOING ARE CUSTOMER'S SOLE AND EXCLUSIVE
REMEDIES FOR BREACH OF THE FOREGOING WARRANTY. THE WARRANTY SET FORTH ABOVE IS
MADE TO AND FOR THE BENEFIT OF CUSTOMER ONLY. The warranty will apply only if (i) the Software
has been used at all times and in accordance with the instructions for use set forth in the Documentation and
this Agreement; (ii) no modification, alteration or addition has been made to the Software by persons other
than Licensor or Licensor's authorized representative; and (iii) the Software or Product on which the Software
is installed has not been subject to any unusual electrical charge.
3.2 DISCLAIMER. EXCEPT AS EXPRESSLY STATED IN THIS SECTION 3, ALL ADDITIONAL CONDITIONS,
REPRESENTATIONS, AND WARRANTIES, WHETHER IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY,
AGAINST INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE
PRACTICE, ARE HEREBY DISCLAIMED BY LICENSOR AND ITS SUPPLIERS. THIS DISCLAIMER SHALL
APPLY EVEN IF ANY EXPRESS WARRANTY AND LIMITED REMEDY OFFERED BY LICENSOR FAILS OF
ITS ESSENTIAL PURPOSE. ALL WARRANTIES PROVIDED BY LICENSOR ARE SUBJECT TO THE
LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT.
3.3 HAZARDOUS APPLICATIONS. THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN
HAZARDOUS ENVIRONMENTS REQUIRING FAIL SAFE PERFORMANCE, SUCH AS IN THE
OPERATION OF A NUCLEAR FACILITY, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS,
AIR TRAFFIC CONTROLS OR OTHER DEVICES OR SYSTEMS IN WHICH A MALFUNCTION OF THE
SOFTWARE WOULD RESULT IN FORSEEABLE RISK OF INJURY OR DEATH TO THE OPERATOR OF THE
DEVICE OR SYSTEM OR TO OTHERS (“HAZARDOUS APPLICATIONS”). CUSTOMER ASSUMES ANY
AND ALL RISKS, INJURIES, LOSSES, CLAIMS AND ANY OTHER LIABILITIES ARISING OUT OF THE USE
OF THE SOFTWARE IN ANY HAZARDOUS APPLICATIONS.
3.4 Limitation of Liability.
(a) TOTAL LIABILITY. NOTWITHSTANDING ANYTHING ELSE HEREIN, ALL LIABILITY OF LICENSOR
AND ITS SUPPLIERS UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY
CUSTOMER FOR THE RELEVANT SOFTWARE, OR PORTION THEREOF, THAT GAVE RISE TO SUCH
LIABILITY OR ONE HUNDRED UNITED STATES DOLLARS (US$100), WHICHEVER IS GREATER.
THE LIABILITY OF LICENSOR AND ITS SUPPLIERS UNDER THIS SECTION SHALL BE
CUMULATIVE AND NOT PER INCIDENT.
(b) DAMAGES. IN NO EVENT SHALL LICENSOR, ITS SUPPLIERS OR THEIR RELEVANT
SUBCONTRACTORS BE LIABLE FOR (A) ANY INCIDENTAL, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST OR DAMAGED DATA, OR ANY INDIRECT
DAMAGES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT
LIABILITY) OR OTHERWISE OR (B) ANY COSTS OR EXPENSES FOR THE PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES IN EACH CASE, EVEN IF LICENSOR OR ITS SUPPLIERS HAVE
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.