PSC PT Program Generator - Manual (Page 11)

PT Program Generator
User’s Guide
ix
5.3 PSC shall have no liability to End User for claims of infringement based upon 1) the use of the Software in combination with any product
which PSC has not either furnished or authorized for use with such Software, 2) the use of any Software designed, manufactured, or modified to
the specifications of End User, or 3) End User's customization or modification of the Software.
5.4 THE FOREGOING STATES PSC'S COMPLETE AND ENTIRE OBLIGATION TO END USER CONCERNING CLAIMS OF INTELLECTUAL
PROPERTY INFRINGEMENT, CANCELS AND SUPERCEDES ANY PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN, BETWEEN
PSC AND END USER CONCERNING SUCH CLAIMS, AND WILL NOT BE MODIFIED OR AMENDED BY ANY PAST,
CONTEMPORANEOUS, OR FUTURE AGREEMENTS OR DEALINGS BETWEEN PSC AND END USER, WHETHER ORAL OR WRITTEN,
EXCEPT AS SET FORTH IN A FUTURE WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE OF EACH PARTY.
6. Limitation of Liability.
PSC'S LIABILITY FOR DAMAGES, IF ANY, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY, STRICT LIABILITY, WARRANTY, OR ANY OTHER BASIS, SHALL NOT EXCEED THE AMOUNT END USER PAID FOR THE
SOFTWARE LICENSE. UNDER NO CIRCUMSTANCES SHALL PSC BE LIABLE FOR LOST PROFITS, LOST DATA, INTERRUPTION OF
SERVICE, OR FOR ANY SPECIAL, CONSEQUENTIAL, CONTINGENT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR OTHER
SIMILAR DAMAGES, EVEN IF PSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Technical Support.
End User is entitled to one (1) free technical support call in connection with End User's use of the Software. Technical support does not include
assisting End User in developing applications. End User may obtain additional support for the Software from PSC at PSC's standard support
fees and under PSC's standard support terms and conditions in effect at the time End User acquires the Software.
8. Government Restricted Rights; International Use.
The Software is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions for
computer software developed at private expense as set forth in the U.S. Federal Acquisition Regulations at FAR 52.227-14(g), or 52.227-19 or in
the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013(c)(1)(ii), whichever is applicable. If End User uses the
Software outside the United States, End User must comply with the local laws of the country in which the Software is used, with U.S. export
control laws, and with the English language version of this Agreement. The provisions of the “United Nations Convention on International Sale of
Goods” shall not apply to this Agreement.
9. Termination.
9.1 Either party may terminate this Agreement or any license granted under this Agreement at any time upon written notice if the other party
breaches any provision of this Agreement.
9.2 Upon termination of this Agreement, End User immediately shall cease using the Software and shall return to PSC or destroy all Software
covered by this Agreement, and shall furnish PSC with a certificate of compliance with this provision signed by an officer or authorized
representative of End User.
10. General Provisions.
10.1 Entire Agreement; Amendment. This Agreement contains the entire agreement between the parties relating to the Software and
supersedes all prior or contemporaneous agreements, written or oral, between the parties concerning the Software. This Agreement may not be
changed, amended, or modified except by written document signed by an authorized representative of each party.
10.2 Notice. All notices required or authorized under this Agreement shall be given in writing, and shall be effective when received, with
evidence of receipt. Notices shall be sent to End User at such address as End User shall provide to PSC in writing, and shall be sent to PSC
Attn: Contract Administration, PSC Inc., 959 Terry Street, Eugene, OR 97402.
10.3 Waiver. A party's failure to enforce any of the terms and conditions of this Agreement shall not prevent the party's later enforcement of such
terms and conditions.
10.4 Governing Law. This Agreement shall be governed by the laws of the State of Oregon, United States of America, excluding choice of law
provisions.
10.5 Attorneys Fees. In the event an action is brought to enforce the terms and conditions of this Agreement, the prevailing party shall be
entitled to reasonable attorneys' fees, both at trial and on appeal.
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