6
FOR PORTUGAL:
IN NO EVENT SHALL PC OPEN BE LIABLE TO THE END USER, EXCEPT IN RESPECT OF DEATH,
DAMAGE TO PROPERTY OR PERSONAL INJURY CAUSED BY PC OPEN’S GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT, FOR AN AMOUNT IN EXCESS OF THE MAXIMUM AMOUNT OF PC OPEN’S LIABILITY AS STATED
IN 9(b) ABOVE, BY REASON OF ANY REPRESENTATION OR IMPLIED WARRANTY, CONDITION, OR OTHER TERM
OR ANY DUTY AT LAW, OR UNDER THE TERMS OF THIS AGREEMENT, FOR ANY CONSEQUENTIAL LOSS OR
DAMAGE (WHETHER FOR LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR
OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY ACT OR OMISSION OF PC OPEN RELATING TO
THE USE OR INABILITY TO USE THE PRODUCT BY THE END USER.
FOR SPAIN:
IN NO EVENT SHALL PC OPEN BE LIABLE TO THE END USER, EXCEPT IN RESPECT OF DEATH,
DAMAGE TO PROPERTY OR PERSONAL INJURY CAUSED BY PC OPEN’S BAD FAITH CONDUCT, FOR AN
AMOUNT IN EXCESS OF THE MAXIMUM AMOUNT OF PC OPEN’S LIABILITY AS STATED IN 9(b) ABOVE, BY
REASON OF ANY REPRESENTATION OR IMPLIED WARRANTY, CONDITION, OR OTHER TERM OR ANY DUTY AT
LAW, OR UNDER THE TERMS OF THIS AGREEMENT, FOR ANY CONSEQUENTIAL LOSS OR DAMAGE (WHETHER
FOR LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHERWISE)
ARISING OUT OF OR IN CONNECTION WITH ANY ACT OR OMISSION OF PC OPEN RELATING TO THE USE OR
INABILITY TO USE THE PRODUCT BY THE END USER.
FOR SWEDEN:
IN NO EVENT SHALL PC OPEN BE LIABLE TO THE END USER, EXCEPT IN RESPECT OF DEATH,
DAMAGE TO PROPERTY OR PERSONAL INJURY CAUSED BY PC OPEN’S GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT, FOR AN AMOUNT IN EXCESS OF THE MAXIMUM AMOUNT OF PC OPEN’S LIABILITY AS STATED
IN 9(b) ABOVE, BY REASON OF ANY REPRESENTATION OR IMPLIED WARRANTY, CONDITION, OR OTHER TERM
OR ANY DUTY AT LAW, OR UNDER THE TERMS OF THIS AGREEMENT, FOR ANY CONSEQUENTIAL LOSS OR
DAMAGE (WHETHER FOR LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR
OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY ACT OR OMISSION OF PC OPEN RELATING TO
THE USE OR INABILITY TO USE THE PRODUCT BY THE END USER.
FOR THE UNITED KINGDOM:
IN NO EVENT SHALL PC OPEN BE LIABLE TO THE END USER, EXCEPT IN
RESPECT OF (a) DEATH OR PERSONAL INJURY CAUSED BY PC OPEN’S NEGLIGENCE OR (b) DAMAGE TO
PROPERTY OR OTHER LOSS CAUSED BY PC OPEN WHERE SUCH LIABILITY LIMITATION IS UNREASONABLE
UNDER ALL RELEVANT CIRCUMSTANCES. FOR AN AMOUNT IN EXCESS OF THE MAXIMUM AMOUNT OF PC
OPEN’S LIABILITY AS STATED IN 9(b) ABOVE, BY REASON OF ANY REPRESENTATION OR IMPLIED WARRANTY,
CONDITION, OR OTHER TERM OR ANY DUTY AT LAW, OR UNDER THE TERMS OF THIS AGREEMENT, FOR ANY
CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FOR LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY ACT OR
OMISSION OF PC OPEN RELATING TO THE USE OR INABILITY TO USE THE PRODUCT BY THE END USER
11. NO LIABILITY FOR DAMAGES, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL DAMAGES
In no event shall PC Open or its Licensor's be liable for any damages whatsoever (including, without limitation, incidental,
direct, indirect, special or consequential damages, damages for loss of business profits, business interruption, loss of
business information, or other pecuniary loss) arising out of the use or inability to use this Software, even if PC Open or its
Licensor's have been advised of the possibility of such damages. Because some states/ countries do not allow the
exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
12. NO WAIVER.
Any failure by either party to this agreement to enforce a specific part of the agreement in a specific
situation is not a waiver of rights under the agreement. The party may still enforce the rest of the agreement in that
situation and may still enforce some or all of the agreement in other situations.
13.
This License constitutes the entire agreement between the End User and PC OPEN pertaining to its subject matter. This
License is governed by the laws of the State of Washington (except the body of laws controlling conflict laws). The state
and federal courts having appropriate jurisdiction over the State of Washington will pursue any litigation arising from this
license. Even if part of the agreement is held invalid, the rest of the agreement shall still be valid, binding, and
enforceable. The failure of either party to exercise a right does not waive future exercise of that right or other rights.
Should the End User have any questions concerning this License, or if the End User desires to contact PC Open for any
reason, please write: PC Open, Inc., 328 E Sprague Ave, Spokane, WA 99202, U.S.A.
Copyright© 2001, PC Open, Inc. All rights reserved.
Содержание Open Eye HDDR-X240
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