Nidek Medical RT-5100, Руководство оператора

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II
Agreement with immediate effect. Upon termination of
this Agreement due to the breach of this Agreement,
NIDEK reserves all the rights to claim damages resulting
from such breach.
6.2. If this Agreement is terminated for any cause, you must
immediately cease the use of the Software, and delete,
destroy and erase all the Software. Any fees paid by you
for the license of the Software will not be refund for any
reasons.
7. NO WARRANTIES
7.1. NIDEK MAKES NO REPRESENTATIONS OR WAR-
RANTIES OF ANY KIND, EXPRESS OR IMPLIED,
CONCERNING THE SOFTWARE AND THE THIRD-
PARTY-SOFTWARE, INCLUDING, WITHOUT LIMITA-
TION, WARRANTIES OF MERCHANTABILITY, FIT-
NESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT OF THIRD PARTY RIGHTS, INCLUD-
ING, WITHOUT LIMITATION, THIRD PARTY INTEL-
LECTUAL PROPERTY RIGHTS, ACCURACY,
RELIABILITY OR AVAILABILITY, ABSENCE OF OR
RECOVERY FROM ANY INTERRUPTION, ERROR-
FREE OPERATION OR CORRECTION OF DEFECTS.
8. LIMITATION OF LIABILITY
8.1. IN NO EVENT WILL NIDEK BE LIABLE FOR ANY INCI-
DENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CON-
SEQUENTIAL DAMAGES, LOSS, CLAIMS OR COSTS
WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
ANY LOST DATA, PROFITS, REVENUES, BUSINESS
OPPORTUNITIES OR INFORMATION, LOSS OF USE
OF ANY PRODUCT, PROPERTY OR EQUIPMENT,
DOWNTIME COST , COST OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, OR ANY
CLAIMS BY A THIRD PARTY, ARISING OUT OF OR
RELATED TO THE USE OR INABILITY TO USE THE
SOFTWWARE AND/OR THE THIRD-PARTY-SOFT-
WARE, CHANGES, UPDATES OR MODIFICATIONS
OF THE SOFTWARE AND/OR THE THIRD-PARTY-
SOFTWARE, OR MAINTENANCE OR REPAIR SER-
VICE OF THE SOFTWARE IF ANY. THE ABOVE LIM-
ITATIONS WILL APPLY REGARDLESS OF THE FORM
OF ACTION, WHETHER IN CONTRACT, TORT,
STRICT PRODUCT LIABILITY, OR OTHERWISE,
EVEN IF NIDEK IS NOTIFIED OF THE POSSIBILITY
OF SUCH DAMAGES, LOSS, CLAIMS OR COSTS.
9. GOVERNING LAW AND ARBITRATION
9.1. This Agreement will be governed by and construed in
accordance with the laws of Japan.
9.2. All disputes arising between you and NIDEK relating to
this Agreement or the interpretation or performance
thereof will be finally settled by binding arbitration in
Tokyo in accordance with the Commercial Arbitration
Rules of The Japan Commercial Arbitration Association.
Judgment upon the award rendered by arbitration will be
final and may be entered in any court having jurisdiction
thereof.
10. SEVERABILITY
10.1.If any provision or any portion of any provision of this
Agreement will be held to be invalid or unenforceable,
that provision will be severed from this Agreement and
such invalidity or unenforceability will not affect the
remaining provisions of this Agreement. The remaining
provisions of this Agreement will continue in full force
and effect.
11. SURVIVAL
11.1.The provisions of 2, 3, 4, 6, 7, 8, 9, 10, 12, 13, 14, 15,
16, 17 and this provision will survive the termination of
this Agreement and will be binding after the termination
of the Agreement.
12. ASSIGNMENT
12.1.This Agreement or any part of this Agreement may not
be assigned or transferred without prior written consent
of NIDEK. The permitted assignee or transferee must
agree to all the terms and conditions of this Agreement
prior to the assignment or transfer.
12.2.This Agreement will be binding upon the permitted
assignee or transferee and be enforceable by NIDEK.
13. ENTIRE AGREEMENT
13.1.This Agreement constitutes the entire agreement
between you and NIDEK concerning the Software, and
supersedes any prior written or oral agreement between
you and NIDEK. No modification of this Agreement will
be binding unless otherwise agreed in writing.
14. NO WAIVER
14.1.The failure of NIDEK to enforce at any time or for any
period the provisions hereof in accordance with its terms
will not be construed to be a waiver of such provisions or
of the rights thereafter to enforce each and every provi-
sion.
15. NO THIRD PARTY RIGHTS
15.1.This Agreement is intended to be solely for the benefit of
you and NIDEK and is not intended to confer any bene-
fits upon or create any rights in favor of any person other
than you and NIDEK.
16. HEADINGS
16.1.All headings are for convenience only and will not affect
the meaning of any provision of this Agreement.
17. LANGUAGE
17.1.In any countries outside Japan, this Agreement has
been executed and delivered in a text using the English
language. If translations into languages other than Japa-
nese are attached with the English language, the text
using the English language shall be controlling.
161221687130 承認済
Uncontrolled copy when printed.