58
Humphrey Matrix Visual Field Instrument
Rev. D 08/21/06 PN 701692
Welch Allyn. This License Agreement does not convey to you any ownership in or to the
Software, but only a limited right of use that is revocable in accordance with the terms of this
License Agreement.
3. License Fees. The Software is licensed to you in consideration of your purchase of the Matrix
Instrument.
4. Term. This License Agreement is effective upon your operation of the Matrix instrument and
shall continue until terminated. You may terminate this License Agreement by returning the
Matrix instrument to Carl Zeiss Meditec within the time permitted for returns under your
purchase agreement. Welch Allyn may terminate this License Agreement if you violate any
condition of, or default in performing any obligation required by, the License Agreement. Upon
termination by Welch Allyn, you agree to return to Carl Zeiss Meditec or Welch Allyn the
Matrix instrument and the Software.
5. Limited Warranty. Welch Allyn warrants, for your benefit alone, for a period of 12 months after
the date of commencement of this License Agreement (referred to as the "Warranty Period")
that during the Warranty Period the Matrix Software will operate substantially in accordance
with the functional descriptions or specifications in the User's Instructions or Documentation.
Updates to the Matrix Software are covered by an Update Warranty Period of 90 days after
delivery of the Update to you. Welch Allyn does not warrant that the Matrix Software is free
from defects, nor that it will operate error-free or produce results that will meet your
requirements. If during the Warranty Period, a defect in the Matrix Software appears, you may
return the Matrix instrument to Carl Zeiss Meditec or Welch Allyn and at Welch Allyn's sole
discretion, it will either: 1) fix or replace the Matrix Software, or 2) refund to you the price you
paid for the Matrix instrument. If a defect in an Update of the Matrix Software appears during
the Update Warranty Period, you may notify Carl Zeiss Meditec or Welch Allyn, and Welch
Allyn will use all commercially reasonable efforts to fix or replace the Updated Matrix
Software. You agree that the foregoing constitutes your sole and exclusive remedy against
Welch Allyn and Carl Zeiss Meditec for the failure of any warranties made under this License
Agreement. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE SOFTWARE IS
LICENSED "AS IS," AND WELCH ALLYN DISCLAIMS ANY AND ALL OTHER WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. 6. Limitation of Liability. The cumulative liability of Welch Allyn or Carl Zeiss Meditec to you or
any other party for any loss or damages resulting from any claims, demands, or actions arising
out of or relating to this License Agreement shall not exceed the price you paid to Carl Zeiss
Meditec for the Matrix instrument. In no event shall Welch Allyn be liable for any indirect,
incidental, consequential, special, or exemplary damages or lost profits, even if Welch Allyn
has been advised of the possibility of such damages.
7. Governing Law. This License Agreement shall be construed and governed in accordance with
the laws of the State of New York.
No Waiver. The failure of either party to enforce any rights under this License Agreement or to
take action against the other party in the event of any breach hereunder shall not be deemed a
waiver by that party as to the subsequent enforcement of such rights.
Содержание Humphrey matrix
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