Sequoia LISST-100X, Руководство пользователя

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130 LISST-100X User’s Guide
SEQUOIA's liability (whether in contract, tort, or otherwise; and notwithstanding any fault, negligence, strict
liability or product liability) with regard to any Product (including, but not limited to, any breach of or default by
SEQUOIA) will in no event exceed the purchase price paid by Customer to SEQUOIA for such Product.
Further, SEQUOIA will not be liable for, or be in breach of or default on account of, any delay or failure to
perform as a result of any cause, condition or circumstance beyond SEQUOIA's reasonable control.
8. Indemnification by Customer
Customer acknowledges that the Products are designed and manufactured for use in non-critical, monitoring
situations. If Customer chooses to purchase a Product or Products for use in applications that could result in
damages in excess of the price of the Product if the Product does not operate properly or otherwise fails,
Customer acknowledges and agrees that it is Customer’s responsibility to provide for redundancy and/or other
safety or back-up measures sufficient to assure that failure of a Product(s) will not cause such damages.
Customer agrees that it will defend and hold SEQUOIA harmless from any and all claims and costs (including
but not limited to attorney’s fees and other costs of defense against such claims) in excess of the price of the
Products arising directly or indirectly from such Customer’s use of the Products. Such indemnification is a
critical part of the consideration being provided by Customer (over and above the price paid for the Product(s))
for the right to use the Products for such purposes and Customer shall not use a Product or Products for such
purposes if it is unwilling or unable to provide such indemnification.
9. Statute of Limitations
Customer will not commence any action based on breach of warranty with respect to any Product more than
18 months after SEQUOIA's delivery of such Product.
10. Software
The Products may include or be delivered with certain computer programs, databases or other software that is
proprietary to SEQUOIA. SEQUOIA hereby grants Customer a nonexclusive license to use such software
solely for the purpose of operating Products. Customer will not: use any such software for any other purpose;
modify, adapt, translate, or create derivative works based on any such software; or disassemble, decompile or
reverse engineer any such software. No title to or ownership of any software or intellectual property rights are
transferred to Customer.
11. U.S. Government Restricted Rights Notice
All software, data, technical information, and written materials provided by SEQUOIA are provided with
restricted rights. Use, duplication, or disclosure by the government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 48 C.F.R. § 252.227-
7013 or in subparagraph (c)(2) of the Commercial Computer Software-Restricted Rights clause at 48 C.F.R. §
52.227-19, as applicable. Portions of these items may be unpublished. SEQUOIA reserves all rights under
applicable copyright laws.
12. Controlling Document
In the event of any conflict or inconsistency between any provision of this Statement of Limited Warranty and
any other provision of the Order, the provision of this Statement of Limited Warranty will control.
13. Controlling Law
This Statement of Limited Warranty will be governed by the laws of the State of Washington without reference
to its rules relating to choice of law for the purpose of applying another jurisdiction’s law. The U.N. Convention
on Contracts for the International Sale of Goods will not apply.