Eyenetra NETROPTER, User Manual, Page: 28 / 32

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intellectual property rights of a third party. Eyenetra’s obligations under
this paragraph are conditioned upon Customer’s prompt notification of
the claim and cooperation with our defense. Eyenetra may modify the
product or service so as to be non-infringing and materially equivalent,
or may procure a license. If these options are not available, Eyenetra
will refund to Customer the amount paid for the affected product in the
first year or the depreciated value thereafter or, for support services, the
balance of any pre-paid amount. Eyenetra is not responsible for claims
resulting from any unauthorized use of Eyenetra Products or services.
This paragraph constitutes Customer’s sole remedy for a claim of
intellectual property rights infringement.
16. Updates. Eyenetra may make new software versions, releases or
maintenance updates (“Updates”). Additional licenses or fees may apply
for these Updates. Updates are subject to the license terms in effect at
the time that Eyenetra makes them available to Customer.
17. Compliance. The Customer is responsible for complying with all local laws and
regulations with respect to the purchase and use of EyeNetra’s products.
18. Force Majeure. Neither party will be liable for performance delays nor for
non-performance due to causes beyond its reasonable control, except
for payment obligations.
19. Termination. Either party may terminate this Agreement on written notice
if the other fails to meet any material obligation and fails to remedy the
breach within a reasonable period after being notified in writing of the
details. If either party becomes insolvent, unable to pay debts when due,
files for or is subject to bankruptcy or receivership or asset assignment,
the other party may terminate this Agreement and cancel any unfulfilled
obligations. Any terms in the Agreement which by their nature extend
beyond termination or expiration of the Agreement will remain in effect
until fulfilled and will apply to both parties’ respective successors and
permitted assigns.
20. General. This Agreement, along with Eyenetra’s Terms of Sale and other
documents referenced herein, represent our entire understanding
with respect to its subject matter and supersedes any previous
communication or agreements that may exist. Modifications to the
Agreement will be made only through a written amendment signed by
both parties. The Agreement will be governed by the laws Commonwealth
of Massachusetts, without regard to conflicts of laws provisions, and the
courts of that locale will have jurisdiction. Customer and Eyenetra agree
that the United Nations Convention on Contracts for the International
Sale of Goods will not apply. This Agreement shall be binding on each
party’s successors and assigns.
Terms of Sale |
NETROPTER USER MANUAL