Vaisala CT25K, User Manual

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6. Limitation of Liability. THE DISCLAIMER OF WARRANTIES RECITED ABOVE IS FOR THE
PURPOSE OF LIMITING LICENSOR'S LIABILITY FOR ANY DAMAGES OR HARM
SUFFERED BY YOU OR A THIRD PARTY, WHETHER FOR BREACH OF CONTRACT, AN
ACTION IN TORT (INCLUDING STRICT LIABILITY), NEGLIGENCE, INFRINGEMENT, OR
UNDER ANY OTHER CAUSE OF ACTION OR CAUSED BY ANY THIRD PARTY
SUPPLIERS OF ASSOCIATED SOFTWARE AND/OR SOFTWARE COMPONENTS
INCLUDED IN THE SOFTWARE. LICENSOR SHALL NOT BE HELD LIABLE FOR ANY
SUCH CLAIMS OR ACTIONS, AND THE RISK OF HARM FROM THE FOREGOING RESTS
ENTIRELY WITH YOU. FURTHER, IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY
DAMAGES, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL, INDIRECT,
PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST
PROFITS OR REVENUES OR LOSS OF BUSINESS ARISING OUT OF OR RELATING TO
THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF LICENSOR HAS BEEN
INFORMED OF THE POSSIBILITY OF SUCH LOSSES. SOME JURISDICTIONS DO NOT
ALLOW SUCH LIMITATION OF DAMAGES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU. IN NO EVENT SHALL LICENSOR'S LIABILITY TO YOU FOR ANY CLAIM
OF DAMAGES, LOSSES AND CAUSES OF ACTIONS WHETHER IN CONTRACT, TORT
(INCLUDING LICENSOR'S OWN NEGLIGENCE), INFRINGEMENT, OR UNDER ANY
OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE PURCHASE/
LICENSE PRICE OF THE SOFTWARE. YOU ACKNOWLEDGE THAT THE FOREGOING
CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH BY LICENSOR OF
THIS LICENSE OR ANY WARRANTIES MADE HEREUNDER.
7. Damages for Breach. In the event of breach of any of the proprietary rights or interests,
Licensor shall be entitled to pursue all appropriate legal and equitable relief and shall
be entitled to recover, in addition to any other relief granted, reasonable attorney fees
and expenses of litigation.
8. Third Party Software. To the extent any software or other technology that is owned by a
third party is accessed or used in combination with the Software, you shall be obligated
to obtain a license or rights to such third-party software or technology before Software
access, delivery, or use and you assume the entire responsibility and liability therefore,
including any associated costs and expenses. Licensor shall not be obligated to obtain
on your behalf any rights or licenses to such third-party software or technology.
9. Export Law Assurances. You agree to comply with all applicable export laws, including
those of the jurisdiction in which the Software was obtained.
10. Controlling Law and Severability. These Conditions shall be construed, governed and
interpreted in accordance with the laws of Finland, excluding its conflict of laws rules
thereof. It is expressly agreed that the application of United Nations Convention on
Contracts for the International Sale of Goods (CISG) shall be excluded. Any dispute,
controversy or claim arising out of or relating to this Contract between Vaisala and the
customer, which cannot be solved by amicable means shall be submitted to arbitration.
Any dispute, controversy or claim arising out of or relating to this Contract, or the
breach, termination or validity thereof shall be finally settled by arbitration in
accordance with the Arbitration Rules of the Finnish Central Chamber of Commerce.
The Arbitral Tribunal shall consist of one (1) arbitrator. The arbitrator shall be appointed
in accordance with the Arbitration Rules of the Finnish Central Chamber of Commerce.
The award shall be final and enforceable in any court of competent jurisdiction. The
arbitration shall be held in Helsinki, Finland, and be conducted in English.
Appendix A – Software End User License Agreement
71