Dinamica Generale X-NIR, Operator'S Manual

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Configuration X-
NIR™ RevA3
ENGL
IS
H
3
PRODUCT. Customer agrees that Owner shall have no liability resulting from
Customer’s use of the Purchased Product for any indirect damages including
consequential, incidental or special damages for loss of profit, good will or otherwise.
Customer shall indemnify and hold Owner harmless from any and all losses, expenses,
damages, costs or expenses of any kind, including but not limited to reasonable
attorneys’ fees, incurred by Owner resulting from Customer’s use of the Purchased
Product. NO ORAL OR WRITTEN STATEMENTS MADE BY OWNER OR ITS
EMPLOYEES INCLUDING BUT NOT LIMITED TO STATEMENTS REGARDING
CAPACITY, SUITABILITY FOR USE, OR PERFORMANCE OF THE PURCHASED
PRODUCT SHALL BE DEEMED A WARRANTY OR REPRESENTATION BY OWNER
FOR ANY PURPOSE NOR GIVE RISE TO ANY LIABILITY OR OBLIGATION OF
OWNER.
6.
Remedies for Violations . Owner reserves the right to seek all remedies available at
law and in equity for violations of this Agreement, including but not limited to the right to
recover the Licensed Product.
7.
Fees . In consideration for the rights granted under this Agreement, Customer has
paid a license fee that was included in the amount invoiced to the Customer for the sale
of the Purchased Product.
8.
Entire Agreement . Except as expressly stated herein to the contrary, this Agreement
constitutes the entire agreement between the parties regarding the subject matter
hereof, and no verbal or written prior statements or representations of any sort made by
any party shall be effective or valid for any purpose whatsoever. This Agreement may
be amended only upon the mutual consent of all parties in writing.
9.
Severability . If any provision of this Agreement shall be held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall
not in any way be affected or impaired thereby. The failure of any party to enforce any
provision of this Agreement shall not be considered a waiver thereof, nor shall such
failure prevent the future enforcement of any such provision.
10.
Governing Law. This Agreement and the relationship between the parties shall be
governed in all respects by the laws of Italy. The parties consent to the jurisdiction and
venue of the Italian court of Bologna for resolution of any dispute under to this
Agreement.
Use or sale of the Licensed Product or of Purchased Product shall bind Customer
to all terms and conditions herein without the necessity of signatures on this
Agreement.