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DRI OCT-1 Model Triton SOFTWARE LICENSE TERMS
7.2 THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND.
TOPCON FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN.
THE ENTIRE RISK ARISING OUT OF, RESULTING FROM OR IN CONNECTION WITH THE USE
OR PERFORMANCE OF THE SOFTWARE REMAINS WITH THE USER. IN NO EVENT SHALL
TOPCON OR ITS SUBSIDIARIES, AFFILIATES, DISTRIBUTORS OR AGENTS BE LIABLE FOR
ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSI-
NESS PROFITS, BUSINESS INTERRUPTION, LOSS OF MEDICAL, CLINICAL OR BUSINESS
INFORMATION, OR OTHER PECUNIARY LOSS, OR PERSONAL INJURY OR PROPERTY DAM-
AGE) ARISING OUT OF, RESULTING FROM OR IN CONNECTION WITH THESE LICENSE
TERMS OR THE USE OF OR INABILITY TO USE THE SOFTWARE.
8. COMPLIANCE WITH EXPORT CONTROL LAWS
Any and all exports or re-exports of the SOFTWARE are subject to Japanese Exchange and Foreign
Trade Law and other Japanese-related laws and regulations, and/or the United States Export Adminis-
tration Act, its implementing regulations as well as other U.S. export laws and regulations. Export or re-
export of the SOFTWARE in a manner contrary to either Japanese or U.S. law or regulation is strictly
prohibited.
USER shall not export nor re-export to any country the SOFTWARE or any part or copy thereof without
first obtaining all required authorization from the Japanese or United States government.
In addition, with respect to export and re-export of the SOFTWARE, USER shall observe and comply
with any other applicable export laws and regulations of any other countries and shall not export nor re-
export to any country the SOFTWARE or any part or copy thereof in a manner contrary to any other
applicable export laws and regulations of any other countries.
TOPCON OR ITS SUBSIDIARIES, AFFILIATES, DISTRIBUTORS AND AGENTS SHALL NOT BE
RESPONSIBLE NOR LIABLE TO USER FOR ANY LIABILITY, LOSS, DAMAGE, PUNISHMENT, OR
PENALTY ARISING OUT OF OR RESULTING FROM USER'S VIOLATION OF OR NON-COMPLI-
ANCE WITH ANY JAPANESE, U.S. OR OTHER APPLICABLE COUNTRY'S EXPORT CONTROL
LAWS OR REGULATIONS.
9. ADDENDUM STIPULATIONS OF Qt
The USER shall understand and agree to the following items about Qt.
(1) Qt is not designed, intended or licensed to be used in the machines or for the purposes described
below;
- any system, device or product that will be used for the surgical implantation, the life-saving or life-
supporting application and the air craft or atomic furnace;
- any application in which the defects, improper operation or malfunction of Qt may cause any injury,
death or direct/indirect serious damage to properties.
(2) The USER shall be responsible to check the compatibility of Qt for the relevant situation or applica-
tion.
