MechRC Shadow Stalker, Руководство пользователя

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the jurisdiction of the English Courts. YOU WILL BRING ANY ACTION
AGAINST LICENSOR ARISING OUT OF THIS AGREEMENT WITHIN
ONE (1) YEAR AFTER THE CLAIM ARISES, OR BE BARRED. You
irrevocably agree that any claim will be brought and maintained by you on
an individual basis (and not consolidated with similar cases). If Licensor
is required to enforce this Agreement or its rights, you irrevocably agree
to receive legal notices and papers by electronic mail at your last known
email address (we would also attempt to send you a backup copy by
regular mail or regular service).
13. Severability. In the event that any of these terms and conditions or
provisions shall be determined by any competent authority to be invalid,
unlawful or unenforceable to any extent, such terms, condition or provision
shall to that extent be severed from the remaining terms, conditions and
provisions which shall continue to be valid to the fullest extent permitted by
law.
14. Miscellaneous. This document constitutes the entire and exclusive
agreement between the parties with respect to the subject matter hereof
and supersedes all other communications, whether written or oral. This
document and evidence of its acceptance procedure shall be considered
an original document admissible into evidence unless the document’
s authenticity is genuinely placed in question. Nothing in this clause
shall relieve either party of liability for fraudulent misrepresentations and
neither party shall be entitled to any remedy for either any negligent or
any innocent misrepresentation except to the extent (if any) that a court
or arbitrator may allow reliance as the same as being fair and reasonable.
This Agreement may be modified or amended only by writing signed
by an authorised representative of Licensor. It is agreed that resellers
and distributors of the Licensed Product have no authority to alter this
Agreement. Any notice required to be given under these conditions shall
be in writing and shall be sent to the address of Licensor’s registered
office. Waiver of any provision hereof in one instance shall not preclude
enforcement of it on future occasions. Headings are for reference purposes
only and have no substantive effect.
Copyright Notice:
© 2008 MechRC Ltd. All rights reserved.
MechRC, Shadow Stalker and MechRC Commander are registered trademarks of MechRC Ltd.
All other product and company names listed are trademarks or trade names of their respective companies.
IN CONTRACT, TORT, NEGLIGENCE, statutory duty OR OTHERWISE,
to the Licensee for any loss or damage whatsoever or howsoever caused
arising directly or indirectly in connection with this Licence, the software,
its use or otherwise, EVEN IF LICENSOR IS NOTIFIED IN ADVANCE OF
SUCH POSSIBILITY, except to the extent set out in this License or to the
extent that such liability may not be lawfully excluded. The Licensee agrees
that the maximum aggregate liability of LICENSOR whether in contract, tort,
negligence, statutory duty or otherwise, for any loss or damage whatever
arising from or in any way connected with any liability not excluded by this
Agreement shall not EXCEED THE LICENSE FEES ACTUALLY PAID BY
YOU. This limit shall also apply in the event that any exclusion or other
provision contained in this Agreement is held to be invalid for any reason
and LICENSOR becomes liable for loss or damage that could otherwise
have been limited. LICENSOR expressly excludes liability for indirect,
special, incidental or consequential loss or damage which may arise in
respect of the software, its use, or in respect of other equipment or property,
or for loss of profit, business, revenue, goodwill or anticipated savings.
THIS LIMITATION PROTECTS LICENSOR AND ANY DISTRIBUTOR OR
RESELLER FROM WHOM YOU OBTAINED THE LICENSED PRODUCT.
THIS LIABILITY LIMIT IS INDEPENDENT OF THE EXCLUSIVE REMEDY.
11. Term & Termination.
(a) Generally. Your license will continue in perpetuity unless
terminated earlier in accordance with this or another Section of this
Agreement. Your license will terminate automatically if you breach any
provision of this Agreement. You may terminate your license at any time
at your election by permanently deleting the Licensed Product from all
computers, destroying all copies and Documentation and ceasing all further
use.
(b) Effect of Termination. Termination of this Agreement
will terminate your right to possess or Use the Licensed Product. Upon
termination for any reason, you agree to destroy the original and all copies
of the Licensed Product (including Documentation) and cease all further
Use of it. Termination will have no effect on Section 8 (“Warranties”), Section
9 (“Not Fault Tolerant”), Section 10 (“Limitation of Remedies & Liabilities”) or
Section 12 (“Disputes, Choice of Law”).
12. Disputes, Choice of Law. This Agreement will be governed by and
construed in accordance with the laws of England and shall be subject to