Terms and Conditions (Continued)
(e) a failure to comply with power and
groundling specifications provided by
KSEA
and, (2) any special, incidental, conse-
quential, punitive, exemplary or indirect
damages, including but not limited to
alleged damages for delayed shipment,
non-delivery, product failure, product
design or production, inability to use such
products or services, loss of future busi-
ness (lost profits), or from any other cause,
whatsoever, in connection with or arising
from the purchase, sale, lease, rental,
installation or use of KARL STORZ prod-
ucts, even if KSEA has been advised of the
possibility of such damages.
SOME JURISDICTIONS DO NOT ALLOW
EXCLUSIONS AND DISCLAIMERS OF
CERTAIN WARRANTIES OR LIMITATIONS
OF LIABILITY, SO THE LIMITATIONS
AND/OR EXCLUSIONS, SET FORTH IN
THESE TERMS AND CONDITIONS, MAY
NOT APPLY. IN THAT EVENT, KSEA’S
LIABILITY WILL BE LIMITED TO THE
GREATEST EXTENT PERMITTED BY
LAW IN THE SUBJECT JURISDICTION.
SOFTWARE OWNERSHIP AND
LICENSING
With respect to products provided by KSEA
and/or its affiliated/related entities (collec-
tively, “KARL STORZ”) and containing soft-
ware components, Customer is granted a
non-exclusive, limited, non-transferable
license (the “License”) to use the pro-
grammed logic, computer programs and/or
software, including software developed by
or on behalf KARL STORZ (“KARL STORZ
Software”) and/or software developed by or
on behalf of a third party (“Third Party
Software”) (collectively, “Software”) embed-
ded in, or for use in conjunction with, such
products, internally, but only in the form in
which delivered to Customer and for the
sole purpose of operating in accordance
with KARL STORZ's written instructions for
the products provided to Customer (and for
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