STACKER 500KS USER GUIDE 61
(c) Except as required to be permitted by applicable law, Buyer may not copy, reverse engineer, decompile,
disassemble or modify the Software in any way. The aforesaid Software license does not entitle Buyer to any
Software source code.
(d) Repair of Software may be in the form of available corrections, fixes and/or patches to address Software
bugs or inconsistencies, and/or to address nonconformance with the applicable Software specifications
(collectively “Updates”). Following expiration of the Software warranty, Updates available from Seller shall be
provided to Buyer either: (1) in accordance with Seller’s quoted price therefore; or (2) at no charge if Seller
provides such specific Updates at nocharge on a commercial basis to all of its customers. Seller shall not be
required to make available any new versions and/or releases of any Software that provide new and/or enhanced
features, performance and/or capabilities for the Software (“Upgrades”). In the event Seller does, in its sole
discretion, make any Upgrades available, such Upgrades shall be subject to Seller quoted price therefore. As
used in this Agreement, Software shall include any Updates and Upgrades made thereto.
(e) Notwithstanding any term or provision in this Agreement to the contrary, and with respect to any Software
and/or any part thereof for which the intellectual property rights are not owned by Seller, including any third party
commercial software and any software commonly referred to as open source code or open source software
(collectively “Third Party Software”): (1) any such Third Party Software shall be governed exclusively by the Third
Party Software owner’s applicable license terms if such terms are provided with or as part of the Third Party
Software; (2) nothing in this Agreement, a Separate Software License or any other agreement shall restrict or
otherwise affect any rights and/or obligations Buyer may have, or conditions to which Buyer may be subject to,
under any open source licenses to any open source code or software provided in or with the Software; and (3)
Seller provides no warranty of any kind, express or implied, with respect to any such Third Party Software, which
is provided “AS IS”; provided, however that Buyer may avail itself to any warranty provided by the supplier of any
such Third Party Software.
(f) The aforesaid Software license(s) shall be nontransferable except as follows: (1) any embedded Software
that is included in and intended to operate with any Hardware shall be transferable with the transfer of the
Hardware to another party provided that such transfer is on terms that do not materially conflict with the Software
license terms in this Agreement; and (2) for Software that is not embedded Software, Buyer shall have a
permanent right to transfer all its Software rights under this Agreement to another party, provided Buyer passes
all the copies of the Software licensed to the other party along with the accompanying documentation and a copy
of this Agreement, and provided that the other party accepts the terms of this Agreement. If you transfer the
Software as permitted herein, you may not retain any copies of the Software for your own use and your license
rights under this Agreement are terminated.
(g) The aforesaid Software license(s) shall continue until and automatically terminate upon Buyer’s breach of
any of the terms hereof.
10.
LIMITED WARRANTY:
With respect to all Goods, the following warranty terms (“General Warranty Terms”) shall
apply solely during the applicable warranty period set forth in Sections 9(a) through 9(f) below. If Buyer has used the
Goods under normal use and care and discovers any defects in material or workmanship, or any material deviation
from the Goods’ applicable published specifications, and notifies Seller in writing thereof during the applicable
warranty period, Seller shall, at its option, use reasonably commercial efforts to repair or replace that portion of the
Goods found by Seller to be defective in material or workmanship, or in material deviation from the applicable
specifications, or refund the purchase price of such Goods. Any Goods to be returned to Seller for repair or
replacement under this warranty must be returned to Seller’s designated facility and in accordance with Seller’s
thencurrent return material authorization (RMA) procedures and Buyer must contact Seller and obtain a RMA
number and such procedures prior to any such return. This limited warranty shall not apply in the event any such
defects and/or deviations are based in whole or part by improper or inadequate maintenance, unsuitable power
sources or environmental conditions, improper maintenance, alteration or modification by any party other than Seller
or its authorized representative, storage or handling, accident, repair by a party other than Seller or its authorized
representative, or any other cause not the fault of Seller. Except as expressly set forth in this limited warranty, all
costs incurred by Buyer relating to or arising out of this warranty, including without limitation, those related to
dismantling and reinstallation of the Goods, shall be borne by Buyer. Except as expressly agreed to in writing by
Seller prior to shipment, Seller makes no warranty or representation that the Goods supplied hereunder comply with
any local laws, rules, regulations or ordinances, and Buyer shall be responsible for obtaining all permits, licenses,
authorizations and/or certificates required by any regulatory body for installation or use of the Goods. This limited