A
PPENDIX
C:
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INKTROPY
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ND
U
SER
L
ICENSE
A
GREEMENT
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has resulted from improper installation, testing, misuse, neglect, accident, fire or other hazard, or any breach of this
Agreement.
Apposite and its suppliers’
e
ntire liability and your sole and exclusive remedy shall be, at Apposite’s sole discretion,
to (i) repair the Software or Hardware; (ii) provide replacement Hardware or Software; or (iii) refund the purchase
price and terminate this Agreement. This limited warranty applies only if the product is returned to Apposite, freight
and insurance prepaid, in accordance with Apposite’s Return Material Authorization (RMA) procedures.
Any
repaired or replaced Software or Hardware will be warranted for the remainder of the original Warranty Period or
thirty (30) days, whichever is longer.
Disclaimer of Warranties
THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR
IMPLIED, AND APPOSITE DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE
OTHER RIGHTS WHICH VARY BY JURISDICTION.
Limitation of Liability
REGARDLESS WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT
WILL APPOSITE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOST
PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF
THE USE OF OR INABILITY TO USE THE PRODUCT AND EVEN IF APPOSITE OR ITS SUPPLIERS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL APPOSITE OR ITS SUPPLIERS’ LIABILITY,
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, OR OTHERWISE, EXCEED
THE PRICE PAID FOR THE PRODUCT. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
Term and Termination
This agreement takes effect upon your use of the software and remains effective until terminated. You may
terminate it at any time by destroying all copies of the Software and Documentation in your possession. This
license will terminate immediately if you fail to comply with any term or condition of this agreement. You agree on
termination of this license to cease all use of the Software and Documentation. In addition, the provisions of the
sections “U.S. Government Restricted Rights” and “Export” shall survive termination of this agreement.
Export
The Product, including the underlying technology, is subject to U.S. export control laws, and may be subject to
export or import regulations in other countries. You may not export or import the Product and the underlying
technology, directly or indirectly, in violation of these laws. You agree to comply strictly with all such laws and
regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import
as may be required.
U.S. Government Restricted Rights
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