Demo/Emulation Manual
NLP-5x Toolkits
© 2010 Sensory Inc.
P/N 80-0314-A
25
7. Exclusive Remedy
Your exclusive remedy under Section 6 is to return the Software to the place you acquired it, with a copy of your receipt and
a description of the problem. Sensory will use reasonable commercial efforts to supply you with a replacement copy of the
Software that substantially conforms to the documentation, provide a replacement for defective media, or refund to you your
purchase price for the Software, at its option. Sensory shall have no responsibility if the Software has been altered in any
way, if the media has been damaged by accident, abuse or misapplication, or if the failure arises out of use of the Software
with other than a recommended hardware configuration.
8. Limitation of liability.
(a) Neither Sensory nor its suppliers shall be liable to you or any third party for any indirect, special, incidental or
consequential damages (including damages for loss of business, loss of profits, business, interruption or the like),
arising out of the use or inability to use the software or this EULA based on any theory of liability including breach of
contract, breach of warranty, tort (including negligence), product liability or otherwise, even if Sensory or its
representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found
to have failed of its essential purpose.
(a) Sensory’s total liability to you for actual damages for any cause whatsoever will be limited to the greater of $500 us
dollars or the amount paid by you for the software that caused such damage.
(b) (USA only) some states do not allow the limitation or exclusion of liability for incidental of consequential damages,
so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from
state to state.
9. Basis of Bargain
The Limited Warranty, Exclusive Remedies and Limited Liability set forth above are fundamental elements of the basis of the
agreement between Sensory and you. Sensory would not be able to provide the Software on an economic basis without
such limitations.
10. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
This Software and the documentation are provided with "RESTRICTED RIGHTS". Use, duplication, or disclosure by the
U.S. Government is subject to restrictions as set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-
3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as
applicable. Manufacturer: Sensory, Inc., 575 N. Pastoria Avenue, Sunnyvale, CA 94085.
11. Consumer End Users Only (outside of the USA)
The limitations or exclusions of warranties and liability contained in this EULA do not affect or prejudice the statutory rights of
a consumer, i.e., a person acquiring goods otherwise than in the course of a business.
12. General Provisions
This EULA shall be governed by the internal laws of the State of California. This EULA contains the complete agreement
between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or
understandings, whether oral or written. All questions concerning this EULA shall be directed to: Sensory, Inc., 575 N.
Pastoria Avenue, Sunnyvale, CA 94085 Attention: General Counsel.
