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TSS MINI Operations Manual
laws and all other applicable laws of the United States, your country, and international law. You
acknowledge that the Software design remains a confidential trade secret of Company. Failure to
comply with the above restrictions will result in automatic termination of this license and will make
available to Company other legal remedies. You may not disclose any of Company’s proprietary or
trade secret information relating to the Software to any third party.
5.
Company warrants that the Software will perform substantially in accordance with its Documentation.
Your exclusive remedy for breach of this limited warranty and Company’s entire liability shall be, in
Company’s discretion, either return of the price paid to Company by You for the Software, or repair or
replacement of the Software after Software and Documentation are returned to Company with an
applicable receipt. Company’s warranty is void if failure of the Software has resulted from accident,
abuse, modification or misapplication. COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, AND SPECIFICALLY DISCLAIMS
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
COMPANY DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR FREE.
6.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY
CLAIMS FOR LOST PROFITS, BUSINESS INTERRUPTION, LOST INFORMATION OR OTHER DAMAGES
ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE. IN ALL EVENTS, COMPANY’S SOLE
OBLIGATION OR LIABILITY UNDER THIS LICENSE IS THE REPLACEMENT OR REPAIR OF THE
SOFTWARE OR A REFUND OF THE PURCHASE PRICE.
7.
You may terminate the license granted in Section 1 of this Agreement at any time by destroying or
erasing your copy of the Software. Company may terminate this Agreement immediately and without
notice if you fail to comply with any term or condition of this Agreement. In the event of termination
of this Agreement, all the sections of this Agreement will survive except for Section 1.
8.
This Agreement shall be governed by and construed in accordance with the laws of the State of
California, U.S.A., without reference to conflicts of laws provisions or the 1980 U. N. Convention on
Contracts for the International Sale of Goods and, as to matters affecting copyrights, trademarks and
patents, by U.S. federal law. Any dispute with respect to this Agreement shall be brought and heard
either in the California state courts located in Los Angeles County, California, or the federal district
court for the Central District, Western Division, located in Los Angeles, California. In such event, the
parties to this Agreement each consent to the
in personam
jurisdiction and venue of such courts. The
parties agree that service of process upon them in any such action may be made if delivered in
person, by courier service, by telegram, by facsimile or by first class mail, and shall be deemed
effectively given upon receipt.
9.
This Agreement sets forth the entire agreement between You and Company pertaining to the
licensing of the Software, and supersedes in its entirety any and all written or oral agreements
previously existing between the parties with respect to such subject matter. If any provision of this
Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to
cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force
and effect. In the event of any conflict between any provision of this Agreement and applicable law,
the provisions of this Agreement affected shall be modified to remove such conflict and permit
