Teltronics Arcata 2203, Руководство пользователя

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TELTRONICS, INC. END USER LICENSE AGREEMENT (12.13.10)
Arcata
2203
iv User Guide
6. LIMITATION OF LIABILITY . IN NO EVENT WILL TELTRONICS BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND EVEN IF THEY ARE FORESEEN OR FORESEEABLE. TELTRONICS' MAXIMUM CUMULATIVE LIABILITY
RELATIVE TO ALL OTHER CLAIMS AND LIABILITIES, INCLUDING THAT WITH RESPECT TO DIRECT DAMAGES, WILL NOT EXCEED THE LICENSE FEE PAID
FOR THE SOFTWARE GIVING RISE TO THE CLAIM OR LIABILITY. THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF
ANY OTHER CONTRARY PROVISION OF THIS AGREEMENT AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR
OTHERWISE, AND FURTHER WILL EXTEND TO THE BENEFIT OF TELTRONICS' SUPPLIERS, DISTRIBUTORS AND RESELLERS AS THIRD-PARTY
BENEFICIARIES. EACH PROVISION IN THE AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY OR
CONDITION OR EXCLUSION OF DAMAGES IS SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND IS TO BE ENFORCED AS SUCH.
7. GOVERNING LAW, VENUE, AND JURISDICTION . This Agreement will be governed by and construed in accordance with the laws of the State of
Florida but without regard to that state’s conflict of laws principles. The parties agree that any action to enforce any provision of this Agreement or arising out of this
Agreement or the business relationship between Teltronics and You will be brought in the state or Federal court of competent jurisdiction in the State of Florida. You
and Teltronics agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) shall not apply or govern this Agreement, the
performance of, or any transaction between the parties under this Agreement. Reasonable attorney fees shall be reimbursed, with respect to the foregoing, to the party
who prevails on the merits.
8. ENFORCEABILITY . If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the
remaining provisions shall in no way be affected or impaired.
9. NO WAIVER . Any non-enforcement of any provision of this Agreement by Teltronics shall not constitute a waiver of such provision or prejudice
Teltronics right to enforce such provision.
10. EXPORT COMPLIANCE . The Products including Software, product documentation and technology or direct products thereof ("Products and
Technology") are subject to U.S. export control laws and regulations and the export of such Products and Technology is conditioned upon receipt of U.S. Government
licenses and approvals. You shall ensure that no Products and Technology shall reach any country where U.S. law prohibits the possession or use of such Items. You
shall comply with all export regulations of the U.S. Department of Commerce and shall not transfer any Products and Technology from the country of delivery, or to any
facility engaged in the design, development, stockpiling, manufacturing or use of nuclear, missile, chemical or biological weapons, or to any military end-user or for a
military end-use, without first obtaining Teltronics’ written approval and all required approvals of the applicable U.S. agencies. Your obligations hereunder shall survive
so long as You possess or control the Products and Technology.