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Chapter 14
License Agreements
RetCam 3 and RetCam Shuttle User Manual
PN 18-000393 Rev. A
GRANT OF SOFTWARE LICENSE. This EULA grants you the following license:
• YOU MAY USE THE SOFTWARE ONLY ON THE DEVICE.
• NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT. CLARITY
MEDICAL SYSTEMS, INC. HAS INDEPENDENTLY DETERMINED HOW TO USE
THE SOFTWARE IN THE DEVICE, AND MS HAS RELIED UPON CLARITY
MEDICAL SYSTEMS, INC. TO CONDUCT SUFFICIENT TESTING TO DETERMINE
THAT THE SOFTWARE IS SUITABLE FOR SUCH USE.
• NO WARRANTIES FOR THE SOFTWARE. THE SOFTWARE IS PROVIDED “AS IS”
AND WITH ALL FAULTS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY, AND EFFORT (INCLUDING LACK OF
NEGLIGENCE) IS WITH YOU. ALSO, THERE IS NO WARRANTY AGAINST
INTERFERENCE WITH YOUR USE OF THE SOFTWARE OR AGAINST
INFRINGEMENT. IF YOU HAVE RECEIVED ANY WARRANTIES REGARDING THE
DEVICE OR THE SOFTWARE, THOSE WARRANTIES DO NOT ORIGINATE FROM,
AND ARE NOT BINDING ON, MS.
• Note on Java support. The SOFTWARE may contain support for programs written in
Java. Java technology is not fault tolerant and is not designed, manufactured, or
intended for use or resale as online control equipment in hazardous environments
requiring fail-safe performance, such as in the operating of nuclear facilities, aircraft
navigation or communications systems, air traffic control, direct life support machines,
or weapons systems, in which the failure of Java technology could lead directly to
death, personal injury, or severe physical or environmental damage. Sun
Microsystems, Inc. has contractually obligated MS to make this disclaimer.
• No Liability for Certain Damages. EXCEPT AS PROHIBITED BY LAW, MS SHALL
HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR
INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF
ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL MS BE
LIABLE FOR ANY AMOUNT IN EXCESS OF U.S. TWO HUNDRED FIFTY DOLLARS
(U.S. $250.00).
• Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not
reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the
extent that such activity is expressly permitted by applicable law notwithstanding this
limitation.
• SOFTWARE TRANSFER ALLOWED BUT WITH RESTRICTIONS. You may
permanently transfer rights under this EULA only as part of a permanent sale or
transfer of the DEVICE, and only if the recipient agrees to this EULA. If the
SOFTWARE is an upgrade, any transfer must also include all prior versions of the
SOFTWARE.
• EXPORT RESTRICTIONS. You acknowledge that SOFTWARE is subject to U.S.
export jurisdiction. You agree to comply with all applicable international and national
laws that apply to the SOFTWARE, including the U.S. Export Administration
Regulations, as well as end-use and destination restrictions issued by U.S. and other
governments. For additional information see http://www.microsoft.com/exporting/.