User Manual

Readme OSS - QMX1.M34H v1.0
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4. TITLE
Embedded solutions and its suppliers retain all right, title and interest in and to the Software,
including, without limitation, all copyrights, trademarks, patents, trade secrets, proprietary and
other intellectual property rights contained in or associated with the Software, all copies thereof,
and all enhancements or modifications thereto.
5. WARRANTY
Licensor warrants that the Initial Deliverables shall be a full and complete disclosure of the most
up-to-date versions of the "Licensed Material".
Licensee acknowledges that the process of compiling the C code from the Licensed Material into
executable code necessarily involves the use of technology not delivered by Licensor, hence
Licensors liability and Licensees sole remedy for breach of the warranty provided under
this section shall be as follows. If Licensee can demonstrate to Licensor that any defect in the
executable for the Licensed Material is exclusively caused by a defect in the Licensed Material then
Licensor shall use commercially reasonable efforts to correct any errors in the Licensed
Material and deliver such corrected Licensed Material to Licensee.
Licensor shall have no liability for any defect in the module which uses the Licensed Material
which results exclusively from any technology that has not been supplied by Licensor and which
is either incorporated into or used in the development of such module.
6. UPGRADES, IMPROVEMENTS AND TECHNICAL ASSISTANCE
(i) Licensor agrees to promptly provide Licensee, at no additional cost, with any new releases of
the "Licensed Material" which are made or acquired by Licensor.
(ii) Licensor further agrees to provide Licensee with reasonable technical assistance which may
be requested by Licensor during the period expiring twenty-four (24) months from the Effective
Date in connection with the use or modification of the Licensed Materials.
Such technical assistance shall be provided on the basis of Licensors published man-hour charges.
(EURO 65.00/h as of January 1st, 2014).
7. LIMITATION OF LIABILITY
Under any provision of this agreement Licensors entire liability arising out of the use or
inability to use the Licensed Material or in any other way arising out of or related to this
agreement shall be limited to the amount actually received by Licensor hereunder. In no event
will Licensor be liable for any loss of business profits, business interruption, cost of cover or
special, consequential, indirect, incidental or punitive damages (i) arising out of the use or
inability to use the Licensed Material, except for the warranties made in Section 5 arising in
any other way out of or related to this agreement, however caused and on any theory of liability
(including negligence) even if Licensor has been advised of the possibility of such damages.
8. INDEMNIFICATIN BY LICENSOR
(a) In the event of a suit against Licensee based upon a claim that the Licensed Material, as
delivered by Licensor to Licensee, under this Agreement, infringe any third party patents,