User manual

Welcome to Phantom Help 17
© 2010 Vision Research - An AMETEK Company
FROM THIS AGREEMENT, WHETHER RESULTING FROM IMPAIRED OR LOST DATA,
SOFTWARE OR COMPUTER FAILURE, OR FROM THE FURNISHING, PERFORMANCE,
INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH
OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF VRI OR ANY
OTHER PARTY, EVEN IF VRI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS VRI'S ABILITY TO
DISCLAIM ANY WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE
MAXIMUM EXTENT PERMITTED BY LAW.
8. Limitation of Remedies and Damages
Your sole remedy for a breach of this Agreement or of any warranty hereunder is the correction or
replacement of the Software Product, at VRI’s option. VRI reserves the right to substitute a functionally
equivalent copy of the Software Product as a replacement. If VRI is unable to provide a replacement or
substitute the Software Product or corrections to the Software Product, your sole alternate remedy shall be
a refund of payment rendered by you to VRI for the Software Product, exclusive of any costs for shipping
and handling
Any claim must be made within the applicable warranty period. All warranties cover only defects arising
under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect,
alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper
installation, or damage determined by VRI to have been caused by you. All warranties on the Software
Product are granted only to you and are non-transferable. You agree to indemnify and hold VRI harmless
from any and all claims, judgments, liabilities, expenses, and/or costs (including reasonable attorneys'
fees) arising from your breach of this Agreement and/or acts or omissions.
9. Export Law Assurances
You acknowledge and agree that the Software Product and accompanying camera(s) (collectively, the
“Products”) may be subject to U.S. Export Administration Regulations. Diversion of the Products
contrary to U.S. law is prohibited. You agree that the Products are not being or will not be acquired for,
shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their
nationals, nor will they be used for nuclear activities, chemical or biological weapons, or missile projects
unless authorized by the U.S. government. Proscribed countries are set forth in U.S. Export
Administration Regulations. You certify that you are not on the U.S. Department of Commerce's Denied
Persons List and are not a citizen, national, or resident of, or under the control of the government of Cuba,
Iran, Iraq, Libya, North Korea, Syria or any other country to which the U.S. has prohibited export. You
are responsible for complying with any applicable local laws, including but not limited to the export and
import regulations of other countries.
10. U.S. Government Restricted Rights
If the Software Product is being acquired by or on behalf of the U.S. Government or by a U.S. Government
prime contractor or subcontractor (at any tier), in accordance with 48 C.F.R. 227.7202-4 (for Department
of Defense ("DOD") acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions), the
government's rights in the Software Product and any documentation, including its rights to use, modify,
reproduce, release, perform, display or disclose the Software Product or any documentation, will be
subject in all respects to the license rights and restrictions provided in this Agreement.
11. Termination
VRI may terminate this Agreement immediately if you breach any of its provisions. Upon expiration,
cancellation or other termination of this Agreement, you shall immediately destroy all copies of the
Software Product. Sections 3 through 10 shall survive the expiration or termination of this Agreement.
12. Governing Law and Jurisdiction
This Agreement is governed by the laws of the State of New Jersey, without regard to its conflicts of law
provisions. In no event shall the United Nations Convention on Contracts for the International Sale of