7.
Limited Warranty:
FAST WARRANTS THAT
THE SCK
R
LINK SOFTWARE WILL, UNDER
NORMAL AND ANTICIPATED USE, AND
WHEN USED IN THE SPECIFIED OPERATĆ
ING CONDITIONS, BE FREE FROM MATERIĆ
AL OPERATING DEFECTS FOR TWO (2)
YEARS FROM THE DATE OF PURCHASE. IF
ANY CLAIM IS MADE THAT THE SCK
R
LINK
SOFTWARE INFRINGES THIRD PARTY INĆ
TELLECTUAL PROPERTY, FAST'S OBLIGAĆ
TIONS SHALL BE EXCLUSIVELY SET FORTH
IN 2Ć312(3) AND 2Ć607 OF THE CONNECTIĆ
CUT UCC. FAST WILL BE OBLIGATED ON
ANY CLAIM ONLY IF (1) YOU HAVE PROĆ
VIDED US WITH PROMPT NOTICE OF ANY
SUCH CLAIM; AND (2) ANY SUCH CLAIM IS
NOT BASED UPON YOUR FAILURE TO
INSTALL AND OPERATE THE GOODS IN ACĆ
CORDANCE WITH OUR SPECIFICATIONS
AND DIRECTIONS; AND (3) ANY SUCH
CLAIM IS NOT ATTRIBUTABLE TO EQUIPĆ
MENT OR OTHER DEVICES SUPPLIED BY
ANYONE BUT FAST; AND (4) YOU ALLOW US
TO CONTROL THE DEFENSE AGAINST OR
OTHER OPPOSITION TO SUCH CLAIM, INĆ
CLUDING THE SETTLEMENT OF SUCH
CLAIM AND ANY RELATED PROCEEDINGS.
8.
No Other Warranties:
EXCEPT AS SET
FORTH ABOVE, FAST DISCLAIMS ALL OTHĆ
ER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY
WARRANTIES AS TO THE SUITABILITY, MERĆ
CHANTABILITY OR FITNESS WITH REGARD
TO THE SCK
R
LINK SOFTWARE.
9.
No Liability for Consequential Damages:
IN
NO EVENT SHALL FAST BE LIABLE FOR ANY
LOST OR ANTICIPATED PROFITS, OR ANY
INCIDENTAL, EXEMPLARY, SPECIAL, OR
CONSEQUENTIAL DAMAGES ARISING OUT
OF THE USE OF OR INABILITY TO USE THE
SCK
R
LINK SOFTWARE, REGARDLESS OF
WHETHER FAST WAS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE LIMĆ
ITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMĆ
AGES SO THE ABOVE LIMITATION OR EXĆ
CLUSION MAY NOT APPLY TO YOU. IN NO
EVENT SHALL FAST'S TOTAL LIABILITY TO
YOU FOR ALL DAMAGES, LOSSES AND
CAUSES OF ACTION, WHETHER IN CONĆ
TRACT, TORT, NEGLIGENCE OR OTHERĆ
WISE, EXCEED THE AMOUNT PAID BY YOU
FOR THE SCK
R
LINK SOFTWARE.
10.
U.S. Government Restricted Rights:
The
SCK
R
Link Software is provided with ReĆ
stricted Rights." Use, duplication or discloĆ
sure by the government is subject to restricĆ
tions as set forth in FAR52.227Ć19 and
DFAR252.227Ć7013 et seq. or its successor.
Use of the SCK
R
Link Software by the GovernĆ
ment constitutes acknowledgment of FAST's
proprietary rights in them. Manufacturer is
Food Automation Service Techniques, Inc.
Stratford Connecticut.
THIS SOFTWARE LICENSE AGREEMENT AND WARRANTY ARE
GOVERNED BY THE LAWS OF THE STATE OF CONNECTICUT,
U.S.A.
