Huvitz HOCT-1, User Manual

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attempt to discover the source code of the Software and the Documentation without the prior written consent of
HUVITZ.
•
You may not use any HUVITZ trademarks, trade names or logos without the prior written consent of HUVITZ.
•
You may not license or sublicense the Software, or assign, transfer or convey in any manner the Software to any
third person without the prior written consent of HUVITZ. Any attempt to grant the Software to any third person will
terminate this Agreement and relieve all obligations which may be undertaken on HUVITZ, regardless of whether
the Software is paid for or not.
5.
WARRANTY
•
You may receive a replacement when you find any physical damage to the CD-ROM or printed materials within 30
days from the receipt of the Software.
•
Unless otherwise provided herein, the Software is being delivered to you on an “AS IS” basis. ALL EXPRESS OR
IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT OF THIRD PARTY RIGHTS ARE DISCLAIMED. HUVITZ WILL NOT WARRANT THAT THE
OPERATION OF THE SOFTWARE IS UNINTERRUPTED, OR ERROR-FREE.
6.
LIMITATION OF LIABILITY
IN NO EVENT WILL HUVITZ BE LIABLE TO YOU FOR ANY DAMAGES, LOSS, CLAIMS OR COSTS
WHATSOEVER INCLUDING BUT NOT LIMITED TO ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR
SPECIAL DAMAGES, OR ANY LOST REVENUES, PROFITS, DATA OR INFORMATION, ARISING OUT OF OR
RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF HUVITZ IS NOTIFIED OF THE
POSSIBILITY OF SUCH DAMAGES, LOSS, CLAIMS OR COSTS.
7.
FORCE MAJEURE
In no event HUVITZ will be liable to you for any delay or failure in the performance of its obligations under this
Agreement if and to the extent such delay or failure in performance arise from any cause or causes beyond the
reasonable control of HUVITZ, including, but not limited to, fire, explosion, flood, earthquake, war, rebellion or riots.
8.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless HUVITZ, its affiliates and their directors, employees and agents
from any damages, loss, liabilities or expenses (including attorneys fee) resulting from, or incurred in connection
with or based upon (a) your breach or non-compliance of this Agreement or (b) installation or other operations to set
up the Software by persons other than HUVITZ personnel or those specified by HUVITZ.
9.
TERM AND TERMINATION
This Agreement will commence when you open this package or start the use of the Software and continue in effect
until terminated by either party. You may terminate this Agreement at any time for convenience and HUVITZ may
terminate this Agreement at any time for convenience. This Agreement will be immediately terminated if you fail to
comply with any term or condition in this Agreement. Your payment will not be refunded in any event of termination.
When this Agreement is terminated, you will cease your use of Software, and destroy and erase all the Software
and Documentation. Section
4, 5, 6, 7, 8, 13 and 14 will be unaffected and survive the termination of this Agreement.
10.
NO ASSIGNMENT
This Agreement or any part of this Agreement may not be assigned or transferred by you without the prior written
consent of HUVITZ. Any assignment or transfer without such consent will be null and void.
11.
NO THIRD PARTY RIGHTS
This Agreement is intended to be solely for the benefit of the parties and is not intended to confer any benefits upon
or create any rights in favor of, any person other than the parties in this Agreement.
12.
EXPORT REGULATIONS
Software is subject to Japanese export security laws and regulations and may be subject to export laws and
regulations in other countries. You agree to comply strictly with such export laws and regulations.