Tripp Lite 93-2879 User Manual

Page 217

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B096-016 B096-048 and B092-016 User Manual

Page 217

EXPORT RESTRICTIONS. You agree that you will not export or re-export the Software, any part thereof,
or any process or service that is the direct product of the Software in violation of any applicable laws or
regulations of the United States or the country in which you obtained them.

U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and related documentation are provided with
Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions set forth in
subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS
252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software – Restricted Rights
at 48 C.F.R. 52.227-19, as applicable, or any successor regulations.

TERM AND TERMINATION. This EULA is effective until terminated. The EULA terminates immediately if
you fail to comply with any term or condition. In such an event, you must destroy all copies of the
Software. You may also terminate this EULA at any time by destroying the Software.

GOVERNING LAW AND ATTORNEY’S FEES. This EULA is governed by the laws of the State of Utah,
USA, excluding its conflict of law rules. You agree that the United Nations Convention on Contracts for
the International Sale of Goods is hereby excluded in its entirety and does not apply to this EULA. If you
acquired this Software in a country outside of the United States, that country’s laws may apply. In any
action or suit to enforce any right or remedy under this EULA or to interpret any provision of this EULA,
the prevailing party will be entitled to recover its costs, including reasonable attorneys’ fees.

ENTIRE AGREEMENT. This EULA constitutes the entire agreement between you and Tripp Lite with
respect to the Software, and supersedes all other agreements or representations, whether written or oral.
The terms of this EULA can only be modified by express written consent of both parties. If any part of this
EULA is held to be unenforceable as written, it will be enforced to the maximum extent allowed by
applicable law, and will not affect the enforceability of any other part.

Should you have any questions concerning this EULA, or if you desire to contact Tripp Lite for any
reason, please contact the Tripp Lite representative serving your company.

THE FOLLOWING DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY IS INCORPORATED
INTO THIS EULA BY REFERENCE. THE SOFTWARE IS NOT FAULT TOLERANT. YOU HAVE
INDEPENDENTLY DETERMINED HOW TO USE THE SOFTWARE IN THE DEVICE, AND TRIPPLITE
HAS RELIED UPON YOU TO CONDUCT SUFFICIENT TESTING TO DETERMINE THAT THE
SOFTWARE IS SUITABLE FOR SUCH USE.

LIMITED WARRANTY Tripp Lite warrants the media containing the Software for a period of ninety (90)
days from the date of original purchase from Tripp Lite or its authorized retailer. Proof of date of purchase
will be required. Any updates to the Software provided by Tripp Lite (which may be provided by Tripp Lite
at its sole discretion) shall be governed by the terms of this EULA. In the event the product fails to
perform as warranted, Tripp Lite’s sole obligation shall be, at Tripp Lite’s discretion, to refund the
purchase price paid by you for the Software on the defective media, or to replace the Software on new
media. Tripp Lite makes no warranty or representation that its Software will meet your requirements, will
work in combination with any hardware or application software products provided by third parties, that the
operation of the software products will be uninterrupted or error free, or that all defects in the Software will
be corrected.

TRIPP LITE DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. OTHER THAN AS STATED HEREIN, THE ENTIRE RISK
AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.
ALSO, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE
SOFTWARE OR AGAINST INFRINGEMENT. IF YOU HAVE RECEIVED ANY WARRANTIES

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