59
xV.
softWare lIcenses
VH2
contains both proprietary and open source software. All proprietary portions are
Copryight © 2016 Comrex Corporation, all rights
reserved
.
COMREX CORPORATION
END USER LICENSE AGREEMENT
IMPORTANT READ CAREFULLY: This End User License Agreement (Agreement) is a legal and binding
agreement between you (either an individual or a single entity) and Comrex Corporation (Comrex) for the software contained within this product.
WHEN YOU INSTALL AND USE THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY
AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO (OR CANNOT COMPLY
WITH) ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THIS PRODUCT.
APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT AND NO SOLICITATION OF ANY SUCH WRITTEN APPROVAL
BY OR ON BEHALF OF COMREX SHALL BE CONSTRUED AS AN INFERENCE TO THE CONTRARY. IF THESE TERMS ARE CONSIDERED AN OFFER BY COMREX,
YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
Under this Agreement, Comrex offers you use of the proprietary Comrex software contained in this product under the following terms:
1.
No Warranty.
WITH THE EXCEPTION OF THE GENERAL PRODUCT WARRANTY OFFERED AT THE BEGINNING OF
THIS MANUAL COMREX EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT.
FURTHER, COMREX DOES NOT WARRANT RESULTS OF USE OR THAT THE SOFTWARE IS BUG FREE OR THAT ITS USE WILL BE UNINTERRUPTED. COMREX
AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
2.
Limitation of Liability.
NOTWITHSTANDING ANYTHING ELSE HEREIN, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT,
CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL COMREX OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON (I) FOR ANY
PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING
FROM YOUR USE OF THE SOFTWARE OR THE SERVICES PROVIDED BY OR ON BEHALF OF COMREX, OR (II) FOR ANY MATTER BEYOND COMREXS OR ITS
LICENSORS REASONABLE CONTROL. COMREXS AND ITS LICENSORS MAXIMUM LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT
OF THIS AGREEMENT SHALL BE LIMITED TO THE PURCHASE PRICE PAID BY YOU FOR THE SOFTWARE, EXCEPT WHERE NOT PERMITTED BY APPLICABLE
LAW, IN WHICH CASE COMREXS LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY SUCH APPLICABLE LAW. THE FOREGOING
LIMITATIONS SHALL APPLY EVEN IF COMREX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
3.
Indemnity.
You shall indemnify and hold harmless Comrex and its licensors from any third party claims, damages, liabilities, costs and fees (including reasonable
attorney fees) arising from Your use of the Software as well as from Your failure to comply with any term of this Agreement.
4.
General.
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and
representations between them. This Agreement may be amended only by a writing executed by both parties. If any provision of this Agreement is held
to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary to make it legal and enforceable and this
Agreement shall otherwise remain in full force and effect and enforceable. The failure of Comrex to act with respect to a breach of this Agreement by
You or others does not constitute a waiver and shall not limit Comrexs rights with respect to such breach or any subsequent breaches. This Agreement
shall be governed by and construed under Massachusetts law (without regard to its conflicts of laws provisions) as such law applies to agreements
between Massachusetts residents entered into and to be performed within Massachusetts. The sole and exclusive jurisdiction and venue for actions
arising under this Agreement shall be the State and Federal courts in Worcester County, Massachusetts; You hereby agree to service of process in
accordance with the rules of such courts. The party prevailing in any dispute under this Agreement shall be entitled to its costs and legal fees.
Questions concerning this Agreement should be sent to the address set forth below. Any notices or correspondences will only be effective if sent to such
address.
Comrex Corporation
19 Pine Road
Devens, MA 01434
Open source software used in VH2 is protected under a wide variety of licenses, listed below.
Содержание VH2
Страница 1: ...Product Manual ...
