User Guide

SYSTRAN Enterprise Server 7 – Online Tools User Guide 50
SYSTRAN SA, Attn. SYSTRAN Customer Support / La Grande Arche, 1 parvis de La Défense
92044 Paris La défense Cedex, France, or the SYSTRAN subsidiary serving your country.
15. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express
warranty made to you and is provided in lieu of any other express warranties or similar obligations (if
any) created by any advertising, documentation, packaging, or other communications. Except for
the Limited Warranty and to the maximum extent permitted by applicable law, SYSTRAN and its
suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and
hereby disclaim all other warranties and conditions, whether express, implied or statutory, including,
but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness
for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of
results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the
Software, and the provision of or failure to provide support or other services, information, software,
and related content through the Software or otherwise arising out of the use of the Software. ALSO,
THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET
POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH
REGARD TO THE SOFTWARE.
16. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
SYSTRAN OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE,
INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR
BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE
TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR
NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER)
ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE
SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER
SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE
SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR
OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN
THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION,
STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF SYSTRAN OR
ANY SUPPLIER, AND EVEN IF SYSTRAN OR ANY SUPPLIER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
17. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might
incur for any reason whatsoever (including, without limitation, all damages referenced herein and all
direct or general damages in contract or anything else), the entire liability of SYSTRAN and any of
its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any
remedy of repair or replacement elected by SYSTRAN with respect to any breach of the Limited
Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on
the Software up to the amount actually paid by you for the Software or 5.00 Euros or US $5.00. The
foregoing limitations, exclusions and disclaimers (including Sections 14, 15 and 16) shall apply to
the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
18. TERMINATION. This EULA remains in force for the whole legal duration of the Software
copyright. Without prejudice to any other rights, SYSTRAN may terminate this EULA if you fail to
comply with the terms and conditions of this EULA. In such event, SYSTRAN shall keep the sums
paid by you and you must (i) immediately cease using the Software (ii) effect its de-installation and
return to SYSTRAN within a period of eight (8) days after notification of the termination, and (iii)
destroy all copies of the Software and all of its component parts. .
19. CONFIDENTIALITY. You agree not to disclose any documents or information communicated by
SYSTRAN in the course of the performance of this EULA and you also agree to have these
measures observed by your employees.