TigoMaster 2TH
– EtherNet/IP
User Manual
Copyright © 2021 CoreTigo Ltd.
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PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT OF THIRD
PARTIES’ RIGHTS,
INCLUDING INTELLECTUAL PROPERTY RIGHTS.
11. High Risk Activities.
Company hereby acknowledges that the Product is not fault tolerant and is not
designed, manufactured or intended for use or resale as on-line control equipment in hazardous or high
risk environments and activities requiring fail-safe performance (such as in the operation of nuclear
facilities, aircraft navigation or communication systems, air traffic control, direct life support machines.
and/or devices, or weapons systems), in which the failure of the Product could lead directly to death,
personal injury or severe physical or environmental damage, and Company hereby agrees not to use or
allow the use of the Product or any portion thereof for, or in connection with, any such environment or
activity.
12. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CORETIGO, ITS OFFICERS,
DIRECTORS AND/OR EMPLOYEES, SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY PERFORMANCE OF THIS
AGREEMENT OR IN FURTHERANCE OF THE PROVISIONS OR OBJECTIVES OF THIS AGREEMENT,
INCLUDING BUT NOT LIMITED TO FOR ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, LOST
PROFITS OR GOODWILL, LOST OR DAMAGED DATA OR DOCUMENTATION, AND COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES SUFFERED BY COMPANY AND/OR ANY
ENTITY AND/OR PERSON ARISING FROM AND/OR RELATED/CONNECTED TO ANY USE OF THE
PRODUCT, EVEN IF CORETIGO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
COMPANY’S SOLE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH THE PRODUCT IS
TO STOP USING IT AND RETURN IT TO CORETIGO. IN ANY EVENT,
CORETIGO’S LIABILITY UNDER
THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS ACTUALLY RECEIVED BY CORETIGO
HEREUNDER.
13. Indemnification.
Company hereby agrees that CoreTigo shall have no liability whatsoever for any use
made of the Product by Company or any third party. Company hereby agrees to defend, indemnify and
hold harmless CoreTigo and its affiliates and their respective officers, directors and employees, from
any and all claims, damages, liabilities, costs and expenses (including reasonable attorney’s fees)
arising from claims related to Company’s use of the Product, as well as from Company’s failure to
comply with the terms of this Agreement.
14. Third Party and Open Source Software.
The Product contains software provided by third parties, and
such third parties’ software is provided “AS IS” without any warranty of any kind, and subject to the
license terms attached to such third party software, the provisions of this Agreement shall apply to all
such third party software providers and third party software as if they were CoreTigo and the Product
respectively. In addition, this Product contains open source components. Such open source
components are protected under copyright law and are licensed to under specific license terms. Please
see the license.txt file included in the Product and available for Company upon request for the
applicable license terms of the open source components.
15. Confidentiality.
All information disclosed by either party
(“Disclosing Party”) to the other party
(“Receiving Party”), prior to or during the Evaluation Period, whether in writing, orally or in any other
form which is not in the public domain
(“Confidential Information”), shall be held in absolute confidence,
and Receiving Party shall take all reasonable and necessary safeguards (affording the Confidential
