Cedar DNS 4, Owner'S Manual

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CEDAR DNS 4 dialogue noise suppressor
Page 31
5. FORCE MAJEURE
The Company shall not be liable for any breach of its obligations hereunder resulting from causes beyond its
reasonable control including, but not limited to, fires, strikes (of its own or other employees), insurrection or riots,
embargoes, container shortages, wrecks or delays in transportation, inability to obtain supplies and raw materials, or
requirements or regulations of any civil or military authority.
6. WAIVER
The waiver by either party of a breach of the provisions hereof by the other shall not be construed as a waiver of any
succeeding breach of the same or other provisions, nor shall any delay or omission on the part of either party to
exercise any right that it may have under this Licence operate as a waiver of any breach or default by the other party.
7. NOTICES
Any notices or instruction to be given hereunder shall be sent by first-class post or email to the other party, and shall
be deemed to have been served upon the expiration of seven days after posting or (if sent electronically) upon the
expiration of twelve hours after transmission.
8. ASSIGNMENT AND SUB-LICENSING
The Licensee may at his discretion assign a System and in doing so shall assign this License its rights and obligations
to the purchaser who shall without reservation agree to be bound by this License. The original Licensee and any
subsequent Licensees shall be bound by the obligations of this License in perpetuity.
9. LIMITATION OF LIABILITY
The Company‘s maximum liability under any claim including any claim in respect of infringement of the intellectual
property rights of any third party shall be, at the option of the Company either:
•
return of a sum calculated as the price received for the System by the Company from its immediate customer
depreciated on a straight line basis over a one year write-off period; or
• repair or replacement of those components of the System that do not meet the warranties contained within this
Document.
The foregoing states the entire liability of the Company to the Licensee.
10. CONSEQUENTIAL LOSS
Even if the Company has been advised of the possibility of such damages, and notwithstanding anything else
contained herein the Company shall under no event be liable to the Licensee or to any other persons for loss of profits
or contracts or damage (whether direct or consequential) arising in connection with a System or any modification,
variation or enhancement thereof and including any documentation or data provided by the Company or for any other
indirect or consequential loss.
11. ENTIRE AGREEMENT
The Company shall not be liable to the Licensee for any loss arising in connection with any representations,
agreements, statements or undertakings made prior to the date of supply of the System to the Licensee.
12. TERMINATION
This Licence may be terminated forthwith by the Company if the Licensee commits any material breach of any terms
of this License. Forthwith upon such termination the Company shall have immediate right of access to the System for
the purpose of removing it.
13. SEVERABILITY
Notwithstanding that the whole or any part of any provision of this Document may prove to be illegal or unenforceable
the other provisions of this Document and the remainder of the provision in question shall remain in full force and
effect.
14. HEADINGS
The headings to the Clauses are for ease of reference only and shall not affect the interpretation or construction of this
Document.
15. LAW
This Document shall be governed by and construed in accordance with English law and all disputes between the
parties shall be determined in England in accordance with the Arbitration Act 1950 and 1979.