Quick Installation Guide
00825-0100-4825, Rev CA
February 2006
Rosemount 248
event, whether in an action at law or in equity and regardless of the
form of the claim, shall Rosemount Inc. be liable for: (a) any and all
special, incidental, indirect, or consequential damages; (b) any and all
damages whatsoever resulting from business interruption or loss of
use, data, profits, product, or work days; (c) any and all damages
resulting from or relating to modifications made by License to
hardware, including, but not limited to the Rosemount Inc. device, or
other software using the Software or Documentation; or (d) any and all
property damage arising out of, or in conjunction with, this Agreement
or the use or performance of the Software. No third party suppliers of
programs contained within the Software shall be liable for direct,
indirect, incidental or consequential damages arising from the use of
the Software. The Rosemount Inc. liability for damages hereunder
shall in no event exceed an amount equal to the frees paid by
Licensee under this Agreement. The provisions of this section allocate
the risk under this Agreement between Rosemount Inc. and Licensee.
Rosemount Inc. pricing reflects this allocation of risk and the limitation
of liability specified herein.
GOVERNING LAW: The laws of the State of Minnesota shall govern
as to the interpretation, validity, and effect of this Agreement and the
parties agree that Minnesota is the desired venue for formal resolution
of all disputes not amicably settled by discussion between the parties.
EXPORT: Licensee agrees to comply with all relevant laws and
regulations of the United States including the U.S. Export
Administration regulations to assure that the Software and
Documentation are not exported in violation of such laws and
regulations.
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