ASP Sterrad Velocity Reader, Руководство пользователя

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F
Appendix
74 STERRAD VELOCITY Reader User’s Guide
Unauthorized uses include, but are not limited to: incorporation into another
software program or application; creating derivative works of the Software;
dissemination, reverse engineering, de-compilation, or modification; sub-licensing,
selling, renting, leasing, lending, giving, or creating any cloud based or remote access
services through the use of the Software, or in any other way transferring, by any means
or in any medium, including telecommunication; using the Software for benchmarking
or review purposes; making copies of the Software, in whole or in part; and using
Software in any manner other than with the Product in which it is embedded.
ASP MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE
AND EXPRESSLY EXCLUDES ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE SOFTWARE IS LICENSED
AND PROVIDED TO YOU “AS IS” AND ASP DOES NOT WARRANT THAT THE SOFTWARE
WILL BE ERROR FREE OR OPERATE WITHOUT INTERRUPTION.
NOTWITHSTANDING ANYTHING STATED TO THE CONTRARY HEREIN AND TO
THE MAXIMUM EXTENT PERMISSIBLE BY LAW, (I) ASP HAS NO LIABILITY UNDER THIS
LICENSE FOR LOSS OF PROFIT, LOSS OF USE, DAMAGE TO PERSON OR PROPERTY,
ATTORNEY FEES, COSTS OR CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT
AND/OR SPECIAL DAMAGES; AND (II) NEITHER PARTY’S LIABILITY FOR DAMAGES
ARISING UNDER OR PURSUANT TO THIS LICENSE AGREEMENT SHALL EXCEED, IN
THE AGGREGATE, THE PRICE PAID BY YOU FOR THE PRODUCT.
Subject to binding arbitration provided hereinbelow, this License, as well as any
claim related to or pursuant to this License, whether grounded in tort, contract, law or
equity, shall be governed by, construed, and enforced in accordance with the laws of the
State of Delaware, without regard to its choice of law principles.
ASP or you may elect to resolve any claim arising out of, or pursuant to, or relating
to this Agreement, by individual arbitration. Claims are decided by a neutral arbitrator.
Neither ASP nor you will have the right to litigate any claim arising out of, or pursuant
to, or relating to this Agreement in court or have a jury trial on that claim, except that
ASP may at any time seek temporary injunctive relief in aid of arbitration for emergent
circumstances in a court of proper jurisdiction. Further, ASP and you will not have the
right to participate in a representative capacity or as a member of any class pertaining
to any claim subject to arbitration. Arbitration procedures are generally simpler than the
rules that apply in court, and discovery is more limited. The arbitrator’s decisions are as
enforceable as any court order and are subject to very limited review by a court. Except
as set forth below, the arbitrator’s decision will be final and binding. Other rights ASP
or you would have in court may also not be available in arbitration. Before beginning
arbitration, ASP or you must first send a claim notice. Claims will be referred to either