AirTight SpectraGuard Sensor, Руководство по установке

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End User License Agreement
SpectraGuard Sensor Installation Guide
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risk of loss or damage to any returned Hardware until such Hardware is received by AirTight at its premises.
AirTight reserves the right to refuse to accept any returned Hardware that does not bear a tracking number on
the outside of the carton or which otherwise does not comply with AirTight's return policies, procedures and
instructions.
6.6 Disclaimer. Except for the express warranties in Sections 6.1, 6.2, and 6.3, AirTight hereby disclaims
all other warranties, whether express, implied or statutory, including but not limited to the implied warranties
of merchantability, fitness for a particular purpose, accuracy, result, effort, title and non-infringement. There is
no warranty that the Software will be error free, or that the Software or Hardware will operate without
interruption or will fulfill any of Customer's particular purposes or needs.
7. Limitation of Liability
Limitation of Damages. AirTight will not be liable to Customer or any other party for any indirect, incidental,
special, consequential, exemplary or reliance damages arising out of or related to this EULA under any legal
theory, including but not limited to lost profits, lost data or business interruption, even if AirTight knows of or
should have known of the possibility of such damages. Regardless of the cause of action or the form of action,
AirTight's total cumulative liability for actual damages arising out of or related to this EULA relating to a
particular piece of Hardware or Software will not exceed the price paid for such Hardware and Software. The
limitations of this Section 7 will not apply to or otherwise limit AirTight's liability for indemnification claims
under Section 8. This Section 7 will apply even if an exclusive remedy of Customer hereunder has failed of its
essential purpose. Customer acknowledges that the prices and fees reflect the allocation of risk set forth in this
Agreement and that AirTight would not enter into this Agreement without these limitations on its liability.
8. Indemnification
8.1 AirTight's Obligation. Subject to Sections 8.2 and 8.3, AirTight will defend at its own expense any
action brought against Customer by a third party, to the extent that: (a) such action is based upon a claim that
the Hardware or Software infringes upon any U.S. copyrights or U.S. patents registered or issued as of the
Effective Date, or (b) that the negligence of AirTight personnel caused personal injury or property damage.
AirTight will pay those costs and damages finally awarded against Customer in any such action that are
specifically attributable to such claim, or those costs and damages agreed to in a monetary settlement of such
action. The foregoing obligations are conditioned on Customer: (a) notifying AirTight promptly in writing of
such action; (b) giving AirTight sole control of the defense thereof and any related settlement negotiations; and
(c) cooperating and, at AirTight's request and expense, assisting in such defense. Customer may also participate
in the defense at its own expense. This Section 8.1 states AirTight ’ s entire liability and Customer's sole and
exclusive remedy for any third-party claims.
8.2 Cure. If the Hardware or Software becomes, or in AirTight ’ s opinion is likely to become, the subject
of an infringement claim that AirTight is required to defend pursuant to Section 8.1, then AirTight may (at its
option and expense) either: (a) procure for Customer the right to continue using the Hardware or Software; or
(b) replace or modify the Hardware or Software so that it becomes non-infringing. If neither of the foregoing
options is reasonably available, then AirTight may: (i) terminate Customer's rights hereunder to use the
Software; and (ii) refund a pro-rata portion of any price Customer paid under this EULA, based on the useful
life of the Hardware and Software upon return of same to AirTight. Solely for the purpose of calculating any
refund payable to Customer under this Section 8.2, the parties agree that the useful life of the Hardware and
Software will be deemed to be two (2) years.
8.3 Exclusions. Notwithstanding the foregoing, AirTight will have no obligation under this Section 8 or
otherwise with respect to any infringement claim based upon: (a) any use of the Hardware or Software not in
accordance with this EULA or the Documentation: (b) any use of the Hardware or Software in combination
with other products, Hardware, software, or data not provided or approved by AirTight; (c) any use of any