or for hazardous environments or applications requiring fail safe performance such as in the operation of
nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support
machines, or weapons systems, in which the failure of products could lead directly to death, personal injury,
or severe physical or environmental damage, all of which are typical, but not limited to, examples of High
Risk Activity. JDS UNIPHASE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED
WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES AND EXPRESSLY DISCLAIM ANY LIABILITY
WHATSOEVER FOR ANY CLAIMS ARISING THEREFROM.
5.
LIMITATION OF LIABILITY
5.1
IN NO EVENT SHALL THE TOTAL COLLECTIVE LIABILITY OF JDS UNIPHASE, ITS EMPLOYEES,
DIRECTORS, OFFICERS OR AGENTS FOR ALL CLAIMS, REGARDLESS OF VALUE OR NATURE,
INCLUDING WITHOUT LIMITATION INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR
UNAUTHORIZED ACCESS TO DATA, EXCEED COLLECTIVELY THE AMOUNT PAID UNDER THIS
AGREEMENT FOR SOFTWARE THAT IS THE SUBJECT MATTER OF THE CLAIM. NO PARTY SHALL
BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTIAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES WHATSOEVER, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE, AND/OR THE
PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.2
The foregoing provision limiting the liability of JDS Uniphase’s employees, agents, officers and directors
shall be deemed to be a trust provision, and shall be enforceable by such employees, agents, officers and
directors as trust beneficiaries.
6.
TERMINATION
Without prejudice to any other rights, JDS Uniphase may terminate this EULA if you
fail to comply with the terms of this EULA, become bankrupt or insolvent, or fail to pay for the SOFTWARE
when due. Upon termination of this EULA, you shall return or destroy all copies of the SOFTWARE.
7.
OWNERSHIP
All rights, title and interest in and to the SOFTWARE, other than those expressly
granted to you herein, shall remain vested in JDS Uniphase or its third party suppliers. All copyright and
other proprietary notices and legends which are placed on all SOFTWARE supplied by JDS Uniphase, you
agree to maintain and reproduce on any authorized copies of the SOFTWARE made by you.
8.
GENERAL
8.1
This Agreement constitutes the entire agreement between JDS Uniphase and you and supersedes all
prior oral and written communications. All amendments shall be in writing and signed by authorized
representatives of both parties.
8.2
If any provision of this Agreement is held to be invalid, illegal or unenforceable, it shall be severed and
the remaining provisions shall continue in full force and effect.
8.3
JDS Uniphase shall have the right, at its own expense and upon reasonable written notice to you, to
periodically inspect your premises and such documents as it may reasonably require, for the exclusive
purpose of verifying your compliance with its obligations under this Agreement.
8.4
If the SOFTWARE is being acquired by or on behalf of any unit or agency of the United States
Government, the following provision shall apply: If the SOFTWARE is supplied to the Department of
Defense, it shall be classified as "Commercial Computer Software" and the United States Government is
acquiring only "restricted rights" in the SOFTWARE as defined in DFARS 227-7202-1(a) and 227-7202-3(a),
or equivalent. If the SOFTWARE is supplied to any other unit or agency of the United States Government,
rights will be defined in Clause 52.227-19(c)(2) of the FAR, or if acquired by NASA, Clause 18-52.227-86(d)
of the NASA Supplement to the FAR.
8.5
You agree to comply with all export regulations pertaining to the SOFTWARE in effect from time to
time. Without limiting the generality of the foregoing, you expressly warrant that you will not directly or
indirectly export, re-export, or transship the SOFTWARE in violation of any export laws, rules or regulations
of Canada, the United States or the United Kingdom.
8.6
No term or provision of the Agreement shall be deemed waived and no breach excused unless such
waiver or consent is in writing and signed by the party claimed to have waived or consented. The waiver by
either party of any right hereunder, or of the failure to perform or of a breach by the other party, shall not be
deemed to be a waiver of any other right hereunder or of any other breach or failure by such other party,
whether of a similar nature or otherwise.
8.7
This Agreement shall be governed by and construed in accordance with the applicable laws of the
Province of Ontario and Canada, without regard to conflict of law principles. The application of the United
Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded.
Artisan Technology Group - Quality Instrumentation ... Guaranteed | (888) 88-SOURCE | www.artisantg.com
