Terms and Conditions
Entek IRD 6600 Series Protection Monitors
vii
4.
EXCLUSIVE REMEDIES AND LIABILITY LIMITATION. THE REMEDIES PROVIDED
HEREIN ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES, AND ENTEK IRD'S
EXCLUSIVE LIABILITY WHETHER ARISING IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY. CUSTOMER
AGREES THAT NO OTHER REMEDY (INCLUDING, BUT NOT LIMITED TO,
INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, LOST SALES,
LOST PRODUCTION, OVERHEAD, LABOR, INJURY TO PERSON OR PROPERTY, OR
ANY OTHER INCIDENTAL LOSS) SHALL BE AVAILABLE TO CUSTOMER. THIS
ALLOCATION OF RISK IS REFLECTED IN THE PRICE OF THE SOFTWARE. ENTEK
IRD'S MAXIMUM LIABILITY HEREUNDER ARISING FROM ANY CAUSE
WHATSOEVER SHALL BE LIMITED TO THE PURCHASE PRICE OF THE SOFTWARE IN
QUESTION. Any suit related to this Agreement, on any legal theory, must be commenced within
one year after the cause of action accrues.
5.
SOFTWARE LICENSE TERM. The Software license granted hereunder is a perpetual license,
effective until terminated by Customer. Customer may terminate the license at any time by
returning to Entek IRD the Software and related documentation together with all copies,
modifications, and merged portions in any form. When the license terminates no refund shall be
made by Entek IRD, and Customer shall at its expense return to Entek IRD the Software and
related documentation together with all copies, modifications, and merged portions in any form.
6.
MAINTENANCE AND SERVICE. Entek IRD has no obligation, except as otherwise
expressly stated in the Quotation or herein, to provide service, support, technical assistance,
updates or training.
7.
MISCELLANEOUS. These terms and conditions and any written quotation to which they relate
constitute the entire contract between the parties with respect to the Software, and supersede all
other oral or written statements of any kind whatsoever made by the parties or their
representatives. No statement purporting to modify any of these terms or conditions shall be
binding unless expressly agreed to in writing signed by an officer of Entek IRD and by Customer.
These terms and conditions and any issue, claim or dispute arising hereunder shall be interpreted
under and governed in all respects by the internal laws of the State of Ohio, and the state and
federal courts of Clermont County, Ohio shall have exclusive jurisdiction and venue over all
disputes related to this Agreement or relationship. Waiver by Entek IRD of strict compliance with
any one or more of these Terms and Conditions is not to be considered a continuing waiver or a
waiver of any other term or condition.
