Cedar AZX+, Руководство пользователя

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beyond its reasonable control including, but not limited to, fires, strikes (of its own or other employees),
insurrection or riots, embargoes, container shortages, wrecks or delays in transportation, inability to
obtain supplies and raw materials, or requirements or regulations of any civil or military authority.
6. WAIVER
The waiver by either party of a breach of the provisions hereof by the other shall not be construed
as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or
omission on the part of either party to exercise any right that it may have under this Licence
operate as a waiver of any breach or default by the other party.
7. NOTICES
Any notices or instruction to be given hereunder shall be delivered or sent by first-class post or
telecopier to the other party, and shall be deemed to have been served (if delivered) at the time of
delivery or (if sent by post) upon the expiration of seven days after posting or (if sent by telecopier)
upon the expiration of twelve hours after transmission.
8. ASSIGNMENT AND SUB-LICENSING
The Licensee may at his discretion assign the System and in doing so shall assign this Licence its
rights and obligations to the purchaser who shall without reservation agree to be bound by this
Licence. The original Licensee and any subsequent Licensees shall be bound by the obligations of
this Licence in perpetuity.
9. LIMITATION OF LIABILITY
The Company’s maximum liability under any claim including any claim in respect of infringement of
the intellectual property rights of any third party shall be, at the option of the Company either:
(a) return of a sum calculated as the price received for the System by the Company from its
immediate customer depreciated on a straight line basis over a one year write-off period; or
(b) repair or replacement of those components of the System that do not meet the warranties
contained within this Document.
The foregoing states the entire liability of the Company to the Licensee.
10. CONSEQUENTIAL LOSS
Even if the Company has been advised of the possibility of such damages, and notwithstanding
anything else contained herein the Company shall under no event be liable to the Licensee or to any
other persons for loss of profits or contracts or damage (whether direct or consequential) arising in
connection with the System or any modification, variation or enhancement thereof and including any
documentation or data provided by the Company or for any other indirect or consequential loss.
11. ENTIRE AGREEMENT
The Company shall not be liable to the Licensee for any loss arising in connection with any
representations, agreements, statements or undertakings made prior to the date of supply of the
System to the Licensee.
12. TERMINATION
This Licence may be terminated forthwith by the Company if the Licensee commits any material
breach of any terms of this Licence. Forthwith upon such termination the Company shall have
immediate right of access to the System for the purpose of removing it.
13. SEVERABILITY
Notwithstanding that the whole or any part of any provision of this Document may prove to be
illegal or unenforceable the other provisions of this Document and the remainder of the provision in
question shall remain in full force and effect.
14. HEADINGS
The headings to the Clauses are for ease of reference only and shall not affect the interpretation or
construction of this Document.
15. LAW
This Document shall be governed by and construed in accordance with English law and all
disputes between the parties which cannot be resolved by negotiation shall be determined by
arbitration in England in accordance with the Arbitration Act 1950 and 1979.