104S
♦
ProLinx Gateway
Support, Service & Warranty
(Firmware v3.00 and later)
Protocol Manual
ProSoft Technology, Inc.
Page 151 of 157
January 22, 2010
c) The information in this Agreement is subject to change without notice. ProSoft
shall not be liable for technical or editorial errors or omissions made herein;
nor for incidental or consequential damages resulting from the furnishing,
performance or use of this material. The user guide included with your
original product purchase from ProSoft contains information protected by
copyright. No part of the guide may be duplicated or reproduced in any form
without prior written consent from ProSoft.
6.3.3 Disclaimer Regarding High Risk Activities
Product manufactured or supplied by ProSoft is not fault tolerant and is not
designed, manufactured or intended for use in hazardous environments requiring
fail-safe performance including and without limitation: the operation of nuclear
facilities, aircraft navigation of communication systems, air traffic control, direct life
support machines or weapons systems in which the failure of the product could lead
directly or indirectly to death, personal injury or severe physical or environmental
damage (collectively, "high risk activities"). ProSoft specifically disclaims any
express or implied warranty of fitness for high risk activities.
6.3.4 Intellectual Property Indemnity
Buyer shall indemnify and hold harmless ProSoft and its employees from and
against all liabilities, losses, claims, costs and expenses (including attorney’s fees
and expenses) related to any claim, investigation, litigation or proceeding (whether
or not ProSoft is a party) which arises or is alleged to arise from Buyer’s acts or
omissions under these Terms or in any way with respect to the Products. Without
limiting the foregoing, Buyer (at its own expense) shall indemnify and hold harmless
ProSoft and defend or settle any action brought against such Companies to the
extent based on a claim that any Product made to Buyer specifications infringed
intellectual property rights of another party. ProSoft makes no warranty that the
product is or will be delivered free of any person’s claiming of patent, trademark, or
similar infringement. The Buyer assumes all risks (including the risk of suit) that the
product or any use of the product will infringe existing or subsequently issued
patents, trademarks, or copyrights.
a) Any documentation included with Product purchased from ProSoft is
protected by copyright and may not be duplicated or reproduced in any form
without prior written consent from ProSoft.
b) ProSoft’s technical specifications and documentation that are included with
the Product are subject to editing and modification without notice.
c) Transfer of title shall not operate to convey to Customer any right to make, or
have made, any Product supplied by ProSoft.
d) Customer is granted no right or license to use any software or other
intellectual property in any manner or for any purpose not expressly permitted
by any license agreement accompanying such software or other intellectual
property.
Summary of Contents for ProLinx 104S
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