SKF Baker AWA-IV 12 HO, User Manual

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8. LIMITATIONS ON LIABILITY
(8a) Limitations and Exclusions.
IN NO EVENT WILL LICENSOR BE LIABLE TO LICENSEE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER SPECIAL DAMAGES, LOST PROFITS,
OR LOSS OF INFORMATION SUFFERED BY LICENSEE ARISING OUT OF OR RELATED TO
THIS AGREEMENT OR THE USE OF THE SOFTWARE, FOR ALL CAUSES OF ACTION OF ANY
KIND (INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, BREACH OF
WARRANTY OR CONDITION, AND STATUTORY) EVEN IF LICENSOR HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE PRECEDING EXCLUSION AND DISCLAIMER OF
DAMAGES SHALL APPLY TO ALL CLAIMS MADE BY LICENSEE RELATED TO OR ARISING
OUT OF LICENSEE’s USE OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, CLAIMS
ALLEGING THAT THE SOFTWARE, OR ANY COMPONENT THEREOF, FAILED OF ITS
ESSENTIAL PURPOSE OR FAILED IN SOME OTHER RESPECT.
(8b) Acknowledgment.
Licensee agrees that the limitations of liability and disclaimers of warranty set forth in this
Agreement will apply regardless of whether Licensor has tendered delivery of the Software
or Licensee has accepted the Software. Licensee acknowledges that Licensor has set its
prices and entered into this Agreement in reliance on the disclaimers of warranty and the
limitations and exclusions of liability set forth in this Agreement and that the same form an
essential basis of the bargain between the Parties.
9. TERM AND TERMINATION
(9a) Term.
This Agreement shall commence on the Effective Date and shall continue in existence until it
is terminated in accordance with Section 9b below.
(9b) Termination.
Licensor may terminate this Agreement and the license conveyed hereunder in the event that
Licensee breaches any provision, term, condition, or limitation set forth in this Agreement,
including but not limited to the license restrictions set forth in Section 2d of this Agreement.
(9c) Effect of Termination.
Within ten (10) days after termination of this Agreement and the license granted hereunder,
Licensee shall return to Licensor, at Licensee’s expense, the Software and all copies thereof,
and deliver to Licensor a certification, in writing signed by an officer of Licensee, that all
copies of the Software have been returned to Licensor and that Licensee has discontinued its
use of the Software.
10. ASSIGNMENT
Licensee shall not assign or otherwise transfer the Software or this Agreement to anyone,
including any parent, subsidiaries, affiliated entities or third Parties, or as part of the sale of
any portion of its business, or pursuant to any merger, consolidation or reorganization,
without Licensor’s prior written consent. Any assignment or transfer effected in violation of
this Section 10 shall be void ab initio and of no force or effect.
PUB CM/I4 71-015 EN V13.2 Static Motor Analyzer—Baker AWA-IV User Manual ix
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