Appendix
61
License Limitations
User may not, and may not authorize or permit any third party to (a) use the Product for any purpose
other than in connection with the Product or in a manner inconsistent with the design or
documentations of the Product; (b) license, distribute, lease, rent, lend, transfer, assign or otherwise
dispose of the Product or use the Product in any commercial hosted or service bureau environment; (c)
reverse engineer, decompile, disassemble or attempt to discover the source code for or any trade
secrets related to the Product, except and only to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation; (d) adapt, modify, alter, translate or create any
derivative works of the Licensed Software; (e) remove, alter or obscure any copyright notice or other
proprietary rights notice on the Product; or (f) circumvent or attempt to circumvent any methods
employed by QSAN to control access to the components, features or functions of the Product.
Disclaimer
QSAN DISCLAIMS ALL WARRANTIES OF PRODUCT, INCLUDING BUT NOT LIMITED TO
ANY MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE
EFFORT, TITLE, AND NON-INFRINGEMENT. ALL PRODUCTS ARE PROVIDE “AS IS”
WITHOUT WARRANTY OF ANY KIND. QSAN MAKES NO WARRANTY THAT THE
PRODUCT WILL BE FREE OF BUGS, ERRORS, VIRUSES OR OTHER DEFECTS.
IN NO EVENT WILL QSAN BE LIABLE FOR THE COST OF COVER OR FOR ANY DIRECT,
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SIMILAR
DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO LOSS
OF DATA, INFORMATION, REVENUE, PROFIT OR BUSINESS) ARISING OUT OF OR
RELATING TO THE USE OR INABILITY TO USE THE PRODUCT OR OTHERWISE UNDER
OR IN CONNECTION WITH THIS EULA OR THE PRODUCT, WHETHER BASED ON
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY
EVEN IF QSAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability
IN ANY CASE, QSAN’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS
EULA OR THE PRODUCT WILL BE LIMITED TO THE TOTAL AMOUNT ACTUALLY AND
ORIGINALLY
PAID BY CUSTOMER FOR THE PRODUCT. The foregoing Disclaimer and Limitation of Liability
will apply to the maximum extent permitted by applicable law. Some jurisdictions do not allow the
exclusion or limitation of incidental or consequential damages, so the exclusions and limitations set
forth above may not apply.
Содержание XCubeNXT XN8012D
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