16
5. MULTIPLE COPIES / UPDATES.PARTY PATENTS, COPYRIGHTS, TRADEMARKS
If the Software supports multiple platforms or OR OTHER RIGHTS. THERE IS NO WARRANTY BY
LICENSOR OR BY ANY OTHER PARTY THAT THE
languages, if you receive the Software on multiple
media, or if you otherwise receive multiple copies of FUNCTIONS CONTAINED IN THE SOFTWARE
the Software, the number of phones on which all WILL MEET YOUR REQUIREMENTS OR THAT THE
OPERATION OF THE SOFTWARE WILL BE
versions of the Software are installed shall be one
phone. If the Software is an Update to a previous UNINTERRUPTED OR ERROR-FREE.
version of the Software, you must possess a valid 8. NOT FAULT TOLERANT
end user right to such previous version in order to THE SOFTWARE MAY CONTAIN TECHNOLOGY
use the Update and you may use the previous
THAT IS NOT FAULT TOLERANT AND IS NOT
version for ninety (90) days after you receive the DESIGNED, MANUFACTURED, OR INTENDED
End User License AgreementUpdate in order to assist you in the transition to the FOR USE IN ENVIRONMENTS OR APPLICATIONS
Update. After such time you no longer have a right
IN WHICH THE FAILURE OF THE LICENSED
to use the previous version, except for the sole SOFTWARE COULD LEAD DIRECTLY TO DEATH,
purpose of enabling you to install the Update. PERSONAL INJURY, OR SEVERE PHYSICAL OR
6. COMMENCEMENT & TERMINATION.ENVIRONMENTAL DAMAGE OR FINANCIAL
This Agreement is effective from the first date you LOSS.
use or install the Software. Your end user rights 9. LIMITATION OF LIABILITY.
automatically and immediately terminate without TO THE MAXIMUM EXTENT PERMITTED BY
notice from Licensor if you fail to comply with any APPLICABLE LAW, IN NO EVENT SHALL
provision of this Agreement. In such event, you LICENSOR OR LICENSOR?S SOFTWARE
must immediately delete, destroy or return at your SUPPLIERS OR THEIR RESPECTIVE AFFILIATES
own cost and expense, and without entitlement to AND EMPLOYEES BE LIABLE FOR ANY LOST
any refund of the purchase price, the phone and PROFITS, REVENUE, SALES, DATA OR COSTS OF
the Software, and all related material to Licensor. PROCUREMENT OF SUBSTITUTE GOODS OR
7. EXCEPT AS EXPRESSLY PROVIDED IN THE SERVICES, PROPERTY DAMAGE, PERSONAL
LIMITED WARRANTY FOR THE PHONE, YOU INJURY, INTERRUPTION OF BUSINESS, LOSS OF
ACKNOWLEDGE THE SOFTWARE IS PROVIDED BUSINESS INFORMATION OR FOR ANY SPECIAL,
"AS IS" WITHOUT WARRANTY OF ANY KIND DIRECT, INDIRECT, INCIDENTAL, ECONOMIC,
EXPRESS OR IMPLIED. TO THE MAXIMUM COVER, PUNITIVE, SPECIAL OR
EXTENT PERMITTED BY APPLICABLE LAW CONSEQUENTIAL DAMAGES, HOWEVER
NEITHER LICENSOR, LICENSOR?S SOFTWARE CAUSED AND WHETHER ARISING UNDER
SUPPLIERS OR THEIR RESPECTIVE AFFILIATES, CONTRACT, TORT, NEGLIGENCE, OR OTHER
NOR THE COPYRIGHT HOLDERS MAKE ANY THEORY OF LIABILITY ARISING OUT OF THE USE
REPRESENTATIONS OR WARRANTIES, EXPRESS OF OR INABILITY TO USE THE SOFTWARE, EVEN
OR IMPLIED, INCLUDING BUT NOT LIMITED TO IF LICENSOR OR ITS SOFTWARE SUPPLIERS ARE
THE WARRANTIES OF MERCHANTABILITY OR ADVISED OF THE POSSIBILITY OF SUCH
FITNESS FOR A PARTICULAR PURPOSE OR THAT DAMAGES. BECAUSE SOME COUNTRIES/
THE SOFTWARE WILL NOT INFRINGE ANY THIRD STATES/JURISDICTIONS DO NOT ALLOW THE
40 |
ACEC
