ProSoft Technology, Inc., Support, Service & Warranty
RLX-IH
♦
802.11b
Industrial Hotspot
ProSoft Technology, Inc.
Page 97 of 99
April 10, 2007
3
Transfer of title shall not operate to convey to Customer any right to make, or
have made, any Product supplied by ProSoft.
4
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.
5
Customer agrees that it shall not, and shall not authorize others to, copy
software provided by ProSoft (except as expressly permitted in any license
agreement accompanying such software); transfer software to a third party
separately from the Product; modify, alter, translate, decode, decompile,
disassemble, reverse-engineer or otherwise attempt to derive the source
code of the software or create derivative works based on the software; export
the software or underlying technology in contravention of applicable US and
international export laws and regulations; or use the software other than as
authorized in connection with use of Product.
7.3.10
Additional Restrictions Relating To Software And
Other Intellectual Property
In addition to complying with the Terms of this Warranty, Customers purchasing
software or other intellectual property shall comply with any license agreement
accompanying such software or other intellectual property. Failure to do so may
void this Warranty with respect to such software and/or other intellectual
property.
7.3.11 Allocation
of
risks
This Warranty allocates the risk of Product failure between ProSoft and the
Customer. This allocation is recognized by both parties and is reflected in the
price of the goods. The Customer acknowledges that it has read this Warranty,
understands it, and is bound by its Terms.
7.3.12
Controlling Law and Severability.
This Warranty shall be governed by and construed in accordance with the laws of
the United States and the domestic laws of the State of California, without
reference to its conflicts of law provisions. If for any reason a court of competent
jurisdiction finds any provisions of this Warranty, or a portion thereof, to be
unenforceable, that provision shall be enforced to the maximum extent
permissible and the remainder of this Warranty shall remain in full force and
effect. Any cause of action with respect to the Product or Services must be
instituted in a court of competent jurisdiction in the State of California.