13
XG1-P (PX001BNT and PX001BNM) USER GUIDE DRAFT (501-100190x)
D. Termination
These Terms are effective until terminated. You may terminate these Terms by returning the Product to your supplier. These Terms
will terminate automatically without notice if you fail to comply with these Terms or any other written agreement between you and
Pace. Upon termination you must return the Product to your supplier.
E. Disclaimer
1. EXCEPT AS SET FORTH IN ANY WRITTEN AGREEMENT BETWEEN YOU AND PACE (OR YOUR SUPPLIER), THE SOFTWARE
IS (TO THE EXTENT PERMITTED BY LAW) SUPPLIED “AS IS” AND PACE AND ITS LICENSORS EXPRESSLY EXCLUDE
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) WARRANTIES OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND NON-INFRINGEMENT.
2. EXCEPT AS SET FORTH IN ANY WRITTEN AGREEMENT BETWEEN YOU AND PACE, IN NO CIRCUMSTANCE WILL PACE BE
LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGE (INCLUDING LOSS
OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS,
TECHNOLOGY OR SERVICES) ARISING OUT OF THE USE OR THE INABILITY TO USE THE SOFTWARE.
F. General
These Terms are governed by the laws of the State of New York and you may only bring claims exclusively in New York courts and
Pace shall be entitled to bring a claim in the courts of any jurisdiction. Any failure by Pace to enforce any of its rights hereunder
or applicable law shall not constitute a waiver of such rights. Pace’s licensors and suppliers shall be third party beneficiaries of
this License Agreement, as applicable.
YOUR USE OF THE PRODUCT CONSTITUTES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THESE TERMS AND AGREE
TO BE BOUND HEREBY.
Open Source Licenses
The software contained in this product may be covered by certain components consisting of free software or open source software.
A list of these components and a copy of the relevant copyright notices and license term notices that are required by such licenses
are available at this web page:
http://www.pace.com/opensource/license
This list may change from time to time and may depend on the model of product or the version of software you have received. If
you are unable to access this web page and wish to have a copy of this list, please contact the Open Source Administrator at: 3701
FAU Boulevard, Suite 200, Boca Raton, Florida 33431 USA. To the extent the terms of these open source or free software licenses
prohibit any of the restrictions in any end user license included with the product, such restrictions will not apply to the applicable
open source or free software component.
TERMS AND CONDITIONS FOR USE OF SOFTWARE (“TERMS”) (cont.)