Rajant Corporation
03-100137-011
BreadCrumb® JR2 v11 User Guide
Version 11.4.0
40
EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, BE LIABLE FOR ANY LOST
REVENUE, LOST PROFIT, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS
OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE
DAMAGES, HOWSOEVER ARISING, INCLUDING, WITHOUT LIMITATION, IN CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR WHETHER ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE, EVEN IF, IN EACH CASE, RAJANT, ITS AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT FULLY APPLY TO YOU. THE
FOREGOING EXCLUSION SHALL NOT APPLY TO ANY LIABILITY ARISING OUT OF OR IN
CONNECTION WITH: (I) DEATH OR PERSONAL INJURY, (II) FRAUDULENT
MISREPRESENTATION, OR (III) RAJANT’s LIABILITY IN CONNECTION WITH ANY TERMS
THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
Customer acknowledges and agrees that RAJANT has set its prices and entered into the Agreement in
reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same
reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its
essential purpose and cause consequential loss), and that the same form an essential basis of the bargain
between the parties.
Controlling Law, Jurisdiction
. Customer agrees that all sales occurred, and contracts entered into at
Malvern, Pennsylvania, notwithstanding the location of any affiliate or Customer’s location or principal
place of business. All contracts for the license of software and/or purchase of hardware are deemed to
have occurred at Malvern, Pennsylvania and the Agreement and warranties ("Warranties") are controlled
by and construed under the laws of the Commonwealth of Pennsylvania, United States of America,
notwithstanding any conflicts of law provisions; and the state and federal courts of Pennsylvania shall
have exclusive jurisdiction over any claim arising under the Agreement or Warranties.
The parties specifically disclaim the application of the UN Convention on Contracts for the International
Sale of Goods. Notwithstanding the foregoing, either party may seek interim injunctive relief in any
court of appropriate jurisdiction with respect to any alleged breach of such party's intellectual property
or proprietary rights. If any portion hereof is found to be void or unenforceable, the remaining
provisions of the Agreement and Warranties shall remain in full force and effect. Except as expressly
provided herein, the Agreement constitutes the entire agreement between the parties with respect to the
license of the Software and Documentation and supersedes any conflicting or additional terms contained
in any Purchase Order or elsewhere, all of which terms are excluded. The Agreement has been written
in the English language, and the parties agree that the English version will govern.
Product warranty terms and other information applicable to RAJANT products are available at the
following URL: www.rajant.com
RAJANT and the RAJANT Logo are trademarks of RAJANT Corporation and/or its affiliates in the
U.S. and other countries. Third party trademarks mentioned are the property of their respective owners.
The use of the word partner does not imply a partnership relationship between RAJANT and any other
company.