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Human NIBP Nano
Owner’s Guide
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
14. Limited Liability
ADINSTRUMENTS’ MAXIMUM LIABILITY FOR ANY REASON ARISING OUT OF
LICENSEE’S USE OF THE SOFTWARE WILL NOT EXCEED THE LICENSE FEE THAT
LICENSEE PAYS ADINSTRUMENTS FOR USE OF THE SOFTWARE AT ISSUE. THE
FOREGOING LIMITATION OF LIABILITY APPLIES NO MATTER WHAT THE CLAIM IS
CALLED, WHETHER BREACH OF CONTRACT, INDEMNITY, BREACH OF WARRANTY,
TORT, OR ANY OTHER NAME. UNDER NO CIRCUMSTANCES WILL ADINSTRUMENTS
BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES
RESULTING FROM USE OF THE SOFTWARE.
15. Upgrades
ADInstruments may make Upgrades to the Software from time to time. The terms
of this Agreement shall apply to Upgrades.
16. Controlling Law
This Agreement shall be governed, construed and enforced in accordance with
the laws of the territory into which the software is sold, or, if sold into the United
States of America, by the laws of the State of California, excluding its conflicts
of laws principles. The Licensee and the Licensor agree that conflict provisions
of the governing law and United Nations Convention on Contracts for the
International Sale of Goods shall not apply.
17. Severability
The finding by any court of competent jurisdiction that any provision of this
Agreement or part thereof is unenforceable shall not affect the enforceability of
the remaining provisions of this Agreement.
18. Termination
This Agreement is effective until terminated. Licensee may terminate this
Agreement at any time by (i) permanently destroying all copies of the Licensed
Software and documentation in Licensee’s possession; (ii) uninstalling all
components of the Licensed Software from Licensee’s Computer(s); and (iii)
notifying ADInstruments in writing of Licensee’s intention to terminate this
Agreement. ADInstruments may terminate this Agreement if (i) Licensee breaches
the terms of this Agreement. Upon termination, all licenses granted herein shall
immediately terminate.
