INSPEX II User Manual
INSPEX II English Rev 1.06, SW Rev 1.06
Further support. If the End User requires any further support and/or maintenance services in respect
of the Software, the End User shall notify the Licensor in writing and the Parties may discuss the
possibility of entering into a support agreement.
No such obligation in certain circumstances. The Licensor’s obligations under Clause
0 shall be
excluded in the following circumstances: (a) following wilful damage to the Software or the Ash
Product or negligence in their use; (b) where the Software or Ash Product has not been used,
maintained, and/or stored in accordance with any instructions or recommendations given by the
Licensor or in accordance with the provisions of this EULA; (c) where the problem arises from
software or hardware not supplied by the Licensor; (d) where the Software or Ash Product is used
other than in the correct configuration; (e) where any warranty seal on the Ash Product is broken by
the End User or a third party; and/or (f) following any unauthorised use of or modification to the
Software or Ash Product.
Viruses, etc. The Licensor does not warrant that the Software supplied under this EULA shall be free
from all viruses. The End User acknowledges and agrees that in respect of any software that is not
pre-installed on the Ash Product (for example patches and upgrades) it
is solely the End User’s
responsibility to conduct appropriate virus scanning of the Software prior to installation and use.
Possible charges. Where a defect in the Software is found upon investigation not to be the Licensor’s
responsibility, the Licensor reserves the right to charge the End User on a time and materials basis at
the Licensor’s then current rates for all time, costs, and expenses incurred by the Licensor in
consequence of such investigation.
No implied warranties, etc. The express undertakings and warranties given by the Licensor in this
EULA are in lieu of all other warranties, conditions, terms, undertakings and obligations, whether
express or implied by statute, common law, custom, trade usage, course of dealing or in any other
way, including any implied warranty of merchantability, satisfactory quality, fitness for any particular
purpose. All of these are excluded to the fullest extent permitted by applicable law. Without limiting
the scope of the preceding sentences, the Licensor gives no warranty or guarantee that the Software
will meet the End User’s requirements, that the use of the Software will be un
-interrupted, or that
any errors and/or defects in the Software can or will be corrected.
Open source software. Any open source software provided by the Licensor may be used according to
the terms and conditions of the specific licence under which the relevant open source software is
distributed, but is provided "as is" and expressly subject to the disclaimer in clause 0.
Indemnity. The End User shall indemnify the Licensor from and against any and all losses, damages,
claims, demands, liabilities, costs, and expenses of any nature whatsoever that may be asserted
against or suffered by the Licensor and which relate to: (a) any use by the End User of the Software;
and/or (b) the development, manufacture, use, supply, or any other dealing in any products or
services that were generated from the use of the Software, including any claims based on product
liability laws.
Limit of liability. The cumulative maximum liability of the Licensor to the End User under or in
connection with this EULA, irrespective of the basis of the claim (whether in contract, tort,
negligence, or otherwise), shall be limited in accordance with the provisions of this Clause 0:
