LibreStream n_sight MCD2000 User Manual
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6.5 LibreStream reserves the right to
at any time provide a limited
warranty for any LibreStream
Software that is different from the
limited warranty set forth in Sections
6.1 and 6.2. The text of any such
different limited warranty will be
included with that LibreStream
Software, regardless of whether that
LibreStream Software is embedded in
a LibreStream Product, is provided to
Licensee on CDROM or is downloaded
by Licensee. In the event of any
inconsistency between any such
other limited warranty and the
limited warranty set forth in Sections
6.1 and 6.2, the inconsistency shall
be resolved in favor of such other
limited warranty.
6.6 LibreStream may also provide a
separate limited warranty with
respect to the hardware components
of a LibreStream Product.
7. NO LIABILITY FOR INDIRECT
DAMAGES. REGARDLESS OF
CIRCUMSTANCES AND REGARDLESS
OF THE FORM OF ACTION, WHETHER
IN CONTRACT UNDER THIS
AGREEMENT OR IN TORT,
INCLUDING NEGLIGENCE OR
PRODUCTS LIABILITY, AND TO THE
MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT
SHALL LIBRESTREAM OR ANY THIRD
PARTY LICENSOR HAVE ANY
LIABILITY FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL,
SPECIAL, PUNITIVE OR EXEMPLARY
LOSSES OR DAMAGES OF ANY
NATURE OR KIND WHATSOEVER,
ARISING OUT OF THIS AGREEMENT
AND/OR LICENSEE'S USE OF, DELAY
IN USING OR INABILITY TO USE THE
SOFTWARE, ANY CONFIDENTIAL
INFORMATION AND/OR ANY
LIBRESTREAM PRODUCT, INCLUDING
BUT NOT LIMITED TO LOST OR
CORRUPTED DATA OF LICENSEE OR
ANY THIRD PARTY, LOST PROFITS
OR LOST GOODWILL, BUSINESS
INTERRUPTION OR LOSS OF
INFORMATION, FAILURE TO REALIZE
SAVINGS, OR FOR ANY CLAIM OR
DEMAND AGAINST LICENSEE BY ANY
THIRD PARTY, EVEN IF
LIBRESTREAM OR ANY THIRD PARTY
LICENSOR MAY HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH
LOSSES OR DAMAGES OR EVEN IF
SUCH LOSSES OR DAMAGES WERE
REASONABLY FORESEEABLE.
8. LIMITED LIABILITY FOR DIRECT
DAMAGES. REGARDLESS OF
CIRCUMSTANCES AND REGARDLESS
OF THE FORM OF ACTION, WHETHER
IN CONTRACT UNDER THIS
AGREEMENT OR IN TORT,
INCLUDING NEGLIGENCE OR
PRODUCTS LIABILITY, AND TO THE
MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE CUMULATIVE
LIABILITY OF LIBRESTREAM AND
THE THIRD PARTY LICENSORS FOR
LICENSEE’S DIRECT DAMAGES
ARISING OUT OF OR RESULTING IN
ANY MANNER WHATSOEVER FROM
THIS AGREEMENT AND/OR
LICENSEE'S USE OF, DELAY IN
USING OR INABILITY TO USE THE
SOFTWARE, ANY CONFIDENTIAL
INFORMATION AND/OR ANY
LIBRESTREAM PRODUCT, INCLUDING
WITHOUT LIMITATION ANY
UNCURED MATERIAL DEFAULT,
BREACH OR FAILURE ON THE PART
OF LIBRESTREAM OR ANY THIRD
PARTY LICENSOR UNDER THIS
AGREEMENT, SHALL IN NO EVENT
EXCEED THE GREATER OF THE
LICENSE FEE INITIALLY PAID BY
LICENSEE FOR THE SOFTWARE OR
ONE DOLLAR ($1.00), IN CANADIAN
CURRENCY.
9. FUNDAMENTAL UNDERSTANDING
REGARDING RISK ALLOCATION.
LICENSEE ACKNOWLEDGES AND
AGREES THAT THE FEES PAYABLE BY
LICENSEE PURSUANT TO THIS
AGREEMENT OR ANY PURCHASE
ORDER HAVE BEEN DETERMINED BY
LIBRESTREAM BASED UPON A
SPECIFIC RISK ALLOCATION
BETWEEN LIBRESTREAM AND THE
THIRD PARTY LICENSORS, ON THE
ONE HAND, AND LICENSEE, ON THE
OTHER HAND, AND THAT
LIBRESTREAM WOULD NOT HAVE
ACCEPTED ANY PURCHASE ORDER
THAT RELATES TO LICENSEE AND
WOULD NOT HAVE LICENSED THE
SOFTWARE TO LICENSEE PURSUANT
TO THIS AGREEMENT IN THE
ABSENCE OF SECTIONS 6, 7 AND 8.
LICENSEE FURTHER
ACKNOWLEDGES AND AGREES THAT
THESE SECTIONS SHALL APPLY
NOTWITHSTANDING ANY FAILURE
OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY. IN
JURISDICTIONS THAT PROHIBIT
EXCLUSION OF LIABILITY OR
LIMITATION OF IMPLIED
WARRANTIES, SECTIONS 6, 7 AND 8
MAY BE LIMITED IN THEIR
APPLICATION TO LICENSEE AND,
DEPENDING ON LOCAL LAW,
LICENSEE MAY HAVE OTHER
SPECIFIC LEGAL RIGHTS.
10. TERM AND TERMINATION.
10.1 The licenses granted pursuant
to this Agreement are perpetual
unless terminated earlier as specified
herein. Licensee may terminate the
licenses and this Agreement at any
time upon the provision of written
notice to LibreStream. Without
prejudice to any other right or
remedy which may be available to
LibreStream, the licenses and this
Agreement shall immediately
terminate without the necessity of
any notice from LibreStream in the
event that Licensee:
(a) fails to comply with any provision
of this Agreement; or
(b) makes any voluntary
arrangement with its creditors for the
general settlement of its debts or
becomes subject to the supervision
of a bankruptcy tribunal; or
(c) has an order made against it, or
passes a resolution, for its winding-
up, or has a lien holder take
possession of, or has a receiver or
similar officer appointed over, all or
substantially all of its property or
assets.
10.2 Upon termination of this
Agreement for any reason, Licensee
agrees to immediately cease use of,
and to return or destroy, at
LibreStream's sole option, the
Software and any other Confidential
Information in Licensee's possession,
custody or control, together with all
copies, including but not limited to
deletion of the foregoing from the
