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Revision 1.03
documentation. EXCEPT FOR THE ABOVE EXPRESS WARRANTIES, THIS SOFTWARE IS
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
INTENDED PURPOSE. ALBÉR DOES NOT WARRANT THAT THE SOFTWARE FUNCTIONS WILL
MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR
ERROR FREE.
LIMITATION OF REMEDIES:
Albér's entire liability and your exclusive remedy arising from use or
inability to use the Software is:(1) The replacement of any distribution media not meeting Albér's warranty,
or (2) If Albér is unable to provide you a replacement that conforms to Albér's warranty, to refund the
purchase price.
THE REMEDIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE.
LIMITATION OF DAMAGES: IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM
OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT,NEGLIGENCE,
STRICT LIABILITY, OTHER TORT, OR OTHERWISE), SHALL ALBÉR’S LIABILITY TO YOU
EXCEED THE PRICE PAID BY YOU FOR THE SOFTWARE. YOU AGREE THAT ALBÉR’S
LIABILITY TO YOU SHALL NOT EXTEND TO INCLUDE SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF ALBÉR IS ADVISED OF THE
POSSIBILITY OF THESE DAMAGES.
The term "consequential damages" shall include, but not be
limited to, loss of anticipated profits, business interruption, loss of use, revenue, reputation and data, costs
incurred, including without limitation, for capital, fuel, power and loss or damage to property or equipment.
You acknowledge that this Agreement reflects this allocation of risk.
COPYRIGHT
: This Software is the proprietary property of Albér and/or its suppliers and is protected by
United States copyright laws, other applicable copyright laws, and international treaty provisions. Title and
ownership of all copyrights to the Software remain in Albér or third parties. Accordingly, your rights to use,
copy and modify the Software are strictly limited to the specific rights provided in this Agreement or as may
otherwise be required by applicable copyright law.
U.S. GOVERNMENT RESTRICTED RIGHTS
: This Software is developed at private expense and is
provided with "Restricted Rights." Use, duplication, or disclosure by the United States Government is
subject to restrictions set forth in the Federal Acquisition Regulations and its Supplements.
ASSIGNMENT
: You may not sublicense, assign, or otherwise transfer this license of the Software without
the prior written consent of Albér. Any such transfer of rights, duties, or obligations is void and terminates
this Agreement.
EXPORT RESTRICTIONS
: You may not export the Software in violation of applicable export laws and
regulations of the applicable countries. You agree to comply with all laws, regulations, decrees and orders
of the United States of America that restrict the exportation (or re-exportation) of the Software to other
countries, including, without limitation, the U.S. Export Administration Regulations.
UPDATE POLICY
: Albér may create, from time to time, updated versions of the Software. Albér reserves
the right to make changes to or improvements in any aspect of the Software at any time without prior notice
to you and without an obligation to supply such changed and/or improved Software to you.
NUCLEAR/MEDICAL
: THE SOFTWARE IS NOT FOR USE IN CONNECTION WITH ANY
NUCLEAR, MEDICAL, LIFE-SUPPORT, AND RELATED APPLICATIONS. You agree to defend,
indemnify, and hold harmless Albér from any claims, losses, suits, judgments and damages, including
incidental and consequential damages, arising from such use, whether the cause of action be based in tort,
contract or otherwise, including allegations that the Albér’s liability is based on negligence or strict liability.
JAVA SUPPORT
: The Software may contain support for programs written in Java. Java Technology is not
fault tolerant and is not designed, manufactured, or intended for use or resale as online control equipment in
hazardous environments requiring fail-safe performance, such as in the operation of nuclear
