SMSEagle MHD-8100-3G, Руководство пользователя

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| SMSEagle MHD-8100 | User’s Manual
standards to maintain SMSEagle Software in a manner which minimizes errors and interruptions.
HOWEVER, PROXIMUS NEITHER WARRANT THAT THE USE OF SMSEAGLE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE; NOR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM USE OF SMSEAGLE SOFTWARE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED
HEREIN AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PROXIMUS NOR ANY
OFFICER, DIRECTOR, SUBSIDIARY, AFFILIATE, AUTHORIZED RESELLER, OR EMPLOYEE THEREOF,
MAKES ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR USE, AND NONINFRINGEMENT.
5.
LIMITATION OF LIABILITY AND REMEDIES
IN SPITE OF ANY DAMAGES ARISING FROM OR RELATED TO THE SMSEAGLE DEVICE AND
SMSEAGLE SOFTWARE OR ITS OPERATION THAT YOU MAY INCUR FOR ANY REASON, WHICH
MAY INCLUDE, BUT ARE NOT LIMITED TO, ANY AND ALL DAMAGES IN CONTRACT, TORT OR
OTHERWISE, THE ENTIRE LIABILITY OF PROXIMUS AND/OR ANY OF THE AFOREMENTIONED
PERSONS REFERRED TO IN SECTION 4 ABOVE, AS WELL AS ANY LICENSORS REFERRED TO IN
SECTION 6 BELOW, SHALL NOT EXCEED YOUR TOTAL PAYMENTS (IF ANY) WITH RESPECT TO
THE PERTINENT SMSEAGLE DEVICE, WHICH HAS BECOME DUE FOR DURING THE PERIOD OF
PRIOR 12 MONTHS BEFORE THE MONTH DAMAGE HAS BEEN SUFFERED. THIS LIMITATION IS
CUMULATIVE AND SHALL COVER THE TOTAL FOR ALL SUCH INCIDENTS AND CLAIMS. THE
AFOREMENTIONED LIMITATIONS, EXCLUSIONS AND ANY DISCLAIMERS SHALL APPLY TO THE
MAXIMUM EXTENT ALLOWABLE BY LAW, EVEN SHOULD ANY PROPOSED REMEDY FAIL OF ITS
ESSENTIAL
PURPOSE.
6.
OPEN SOURCE
Certain software modules in the PROXIMUS Software are subject to “open source” or “free
software” licenses (“Open Source Software”). Some of the Open Source Software is owned by
third parties. Such Open Source Software is not subject to the terms and conditions of this
Agreement. Instead, each item of Open Source Software is licensed under the terms of the end
user license that accompanies such Open Source Software. Nothing in this Agreement limits your
rights under, or grants you rights that supersede, the terms and conditions of any applicable end
user license for the Open Source Software. Applicable Open Source licenses include the: MIT
License; GNU General Public License v. 2.0; GNU Lesser General Public License v. 2.1; BSD-3
Clause License; Apache License 2.0. If required by any license for particular Open Source
Software, PROXIMUS makes such Open Source Software, and Our modifications to that Open
Source Software, available by written request to Us at the email or mailing address.
7.
U.S. GOVERNMENT END USERS
The SMSEagle Software is licensed to the U.S. Government with RESTRICTED RIGHTS. The use,
duplication of, or the disclosure thereof by the U.S. Government, shall be subject to restrictions
in accordance with DFARS 252.227-7013 of the Technical Data and Computer Software clause,
and 48 DCR 52.227-19 of the Commercial Computer Software clause, as applicable.