OTC TPWS TESTER, Руководство пользователя

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SP04500137 49/52 User Guide
TPWS Tester
OTC Technical Support: (800) 933-8335
TPWS TESTER User Guide
4.6. TAXES
You will pay all taxes, including sales, use, personal
and property taxes, due to your use of the Software
Product.
4.7. DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable law,
Bosch and its affiliates, licensors, service providers,
and suppliers of the software product do not warrant
the software product, its content, use or any support
provided by Bosch, which is provided “as is” and
without warranties of any kind, either express or
implied. Bosch disclaims all warranties, express or
implied, including, but not limited to warranties of title
and implied warranties of merchantability, fitness for
a particular purpose, title, compatibility, security,
accuracy and non-infringement. Some states and
jurisdictions do not allow limitations on implied
warranties, so some or all of the above limitations
may not apply to you, in which event the above
limitations will be enforceable to the maximum extent
permitted by applicable law.
Neither Bosch, or any of its affiliates, nor any of
Bosch’s licensors, service providers, or suppliers
warrant that the software product will be uninterrupted
or error-free or that defects will be corrected.
We will not be liable for any loss or damage caused
by delay in furnishing the software product or any
other performance under this agreement.
Your use of the software product is at your sole risk
and you will be solely responsible for any damage to
your computer system or loss of data that results from
such use.
Neither Bosch or any of its affiliates, nor any of
Bosch’s licensors, service providers or suppliers
warrant or make any representations regarding the
use or the results of the use of the software product
in terms of its correctness, accuracy, reliability, or
otherwise. Bosch makes no warranty and assumes
no responsibility for any third-party hardware,
equipment or software with which the software
product may be required to communicate or operate.
You expressly understand and agree that Bosch and
its affiliates, licensors, service providers and
suppliers, to the maximum extent permitted by
applicable law, shall not be liable to you or any third
parties for any direct, indirect, incidental, special,
consequential, exemplary or punitive damages, or
any other damages whatsoever, for any matter
arising from or relating to this agreement, any
products or services provided hereunder, the
software product or the internet generally, including,
without limitation, your use or inability to access and
use the software product, any changes to or
inaccessibility of the software product, delay, failure,
unauthorized access to or alteration of any
transmission or data, any material or data sent or
received or not sent or received, or the accuracy of
any data or information provided by or through the
software product, whether such liability is asserted on
the basis of contract, tort or otherwise and even if
Bosch was informed of the possibility of such
damages.
Our entire liability and your exclusive remedies for
liability of any kind (including liability for negligence)
for the software product covered by this agreement
and all other performance or nonperformance by us
under or related to this agreement are limited to the
remedies specified under this agreement.
4.8. INDEMNIFICATION
We (or our supplier) will indemnify you against costs
and damages arising from claims of infringement of a
United States patent or copyright resulting from your
use of the Software Product if: (a) you tell us promptly
about any claim; (b) we do not avoid the claim by
modifying or furnishing a substitute Software Product
satisfactory to you; and (c) you give us full control of
any litigation or settlement.
You shall indemnify, hold harmless and, at Bosch’s
option, defend us and our affiliates and our respective
officers, directors, employees, agents and
representatives (each a “Bosch Indemnified Party”)
from any and all claims, liabilities, damages, losses,
expenses and/or costs (including, but not limited to,
reasonable attorneys’ fees) resulting from or arising
out of any claim, suit, action, arbitration or proceeding
brought or threatened by a third party against a Bosch
Indemnified Party relating to: (i) a breach or alleged
breach by you of any of its representations,
warranties, covenants or obligations hereunder, (ii)
your use, misuse or failure to use the Software
Product, or (iii) infringement or misappropriation of
any Bosch intellectual property or the intellectual
property rights of any third party by you.
4.9. ASSIGNMENT
You may transfer and assign a Software Product and
this Agreement to a successor of your business