LISST - 25 User’s Guide
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7.
Limitations of Liability
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 under the Order 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 under the Order on account of, any delay or failure to perform as a result of any cause, condition or circumstance
beyond SEQUOIA's reasonable control.
8.
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.
9.
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.
10.
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 Portions of these items may be unpublished.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.
11.
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.
12.
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, except to the extent preempted by the laws of the United States. The U.N. Convention on Contracts for the
International Sale of Goods will not apply.
CUSTOMER:
By:_____________________________________
Title:____________________________________
SEQUOIA:
Sequoia Scientific, Inc.
By:_____________________________________
Title:____________________________________
