Brady Bradyprinter THT 300X-PLUS, Manual

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Printer Software and Firmware License Agreement
Bradyprinter THT X-Plus II Series User Guide xvii
CONTAINED THEREIN), WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BRADY
OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE
EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL
PURPOSE.
10. BRADY SUPPLIERS AND LICENSORS . ANY RELEASE, DISCLAIMER
OR LIMITATION OF BRADY’S LIABILITY OR DAMAGES PURSUANT TO
THIS AGREEMENT SHALL BE CONSTRUED, IN ADDITION TO BRADY’S
BENEFIT, ALSO TO THE BENEFIT OF BRADY’S SUPPLIERS, LICENSORS,
EMPLOYEES, AND CONTRACTORS AND, WITHOUT LIMITING ANY
OTHER DEFENSES THAT SUCH SUPPLIERS, LICENSORS, EMPLOYEES
AND CONTRACTORS MAY HAVE, YOU AGREE TO RELEASE SUCH
PARTIES FROM LIABILITY OR DAMAGES IN ACCORDANCE WITH
SUCH RELEASE, DISCLAIMER, OR LIMITATION OF LIABILITY OR
DAMAGES TO THE SAME EXTENT THAT SUCH PROVISIONS APPLY TO
BRADY.
11. GOVERNING LAW. To the maximum extent permitted by law, the laws of
the State of Wisconsin, U.S.A., without regard to its conflicts of laws
provisions, will apply to this contract. Also, to the maximum extent permitted
by applicable law, the parties irrevocably agree that any litigation involving
the PSFLA, the Software, Firmware or Printer shall be brought in the state or
federal courts in the State of Wisconsin. You agree that you shall not assert
any claim that you are not subject to the jurisdiction of such courts, that the
venue is improper, that the forum is inconvenient or any similar objection,
claim or argument.
12. INJUNCTIVE RELIEF. You acknowledge that, in the event you breach any
provision of this Agreement, Brady will not have an adequate remedy in money or
damages. Brady shall therefore be entitled to obtain an injunction against such breach
from any court of competent jurisdiction immediately upon request without posting
bond. Brady’s right to obtain injunctive relief shall not limit its right to seek further
remedies.
13. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding
and agreement of the parties, and supersedes any and all prior or contemporaneous
representation, understandings and agreements, between the parties with respect to
the subject matter of this Agreement.
If any provision of this PSFLA is held
invalid, the remainder of this PSFLA shall continue in full force and effect.
14. ASSIGNMENT. You may not assign this PSFLA or any of your rights
hereunder (by operation of law or otherwise) without Brady’s prior written
consent. Brady may assign this Agreement without your consent. Subject to
the foregoing, this PSFLA shall be binding upon and inure to the benefit of