ANI Monitor V1 - Continuous analgesia monitoring system
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MD/PRD/IN16.ANIV1 V.14 - 12 MAR 2020
3.
TERMINATION: this License remains effective until terminated. This License will
terminate automatically without notice from Mdoloris Medical Systems if you fail to
comply with any term or provision of this License. Upon termination of this License,
you may not make any further use of the Licensed Software.
4.
LIMITED WARRANTY: THE LICENSED SOFTWARE IS PROVIDED “AS IS”
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY WITH RESPECT TO
ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR
PURPOSE. MDOLORIS MEDICAL SYSTEMS DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE LICENSED SOFTWARE WILL MEET
YOUR REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED
SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT SUCH
ERRORS IN THE LICENSED SOFTWARE WILL BE CORRECTED.
5.
LIMITATION OF REMEDIES AND DAMAGES: MDOLORIS MEDICAL
SYSTEMS' ENTIRE LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY
CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION,
AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO THE MONEY
PAID FOR THE SYSTEM, WHICH INCLUDED THE LICENSED SOFTWARE.
IN NO EVENT SHALL MDOLORIS MEDICAL SYSTEMS BE LIABLE TO YOU
(a) FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE ANY LICENSED
SOFTWARE
EVEN
IF
MDOLORIS
MEDICAL
SYSTEMS
OR
ANY
AUTHORIZED MDOLORIS MEDICAL SYSTEMS REPRESENTATIVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (b) FOR ANY
CLAIM BY ANY OTHER PARTY.
6.
GENERAL: this License Agreement will be construed under French laws. If any
provision of this License Agreement shall be held by a court of competent jurisdiction
to be contrary to law that provision will be enforced to the maximum extent
permissible and the remaining provisions of this Agreement will remain in full force
and effect.