Termination, Limited warranty and disclaimer, Limitation of liability – CTI Products EXB-IP Ethernet System Extender User Manual

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CTI Products, Inc.

EXB-IP User Guide

Appendix J - EXB Config Software License

59

You may not and shall not permit others to:

(a) copy the Licensed Software (except as expressly permitted above),

(b) use the EXB Config Software to configure EXB-IP, EXB-IP 8000 modules or other devices that You do not have a legal right to
access or control,

(c) use the EXB Config Software with devices other than EXB-IP and EXB-IP 8000 devices manufactured by CTI,

(d) modify or translate any Licensed Software,

(e) modify, translate, reverse engineer, decompile, disassemble or otherwise attempt (i) to defeat, avoid, bypass, remove, deactivate, or
otherwise circumvent any hardware or software protection mechanisms in the Licensed Software, including without limitation any such
mechanism used to restrict or control the functionality of the Licensed Software, or (ii) to derive the source code or the underlying ideas,
algorithms, structure or organization from the Licensed Software, or

(f) distribute, rent, transfer or grant any rights in the Licensed Software (except as expressly permitted above) in any form to any person
without the prior written consent of CTI.

This license is not a sale. Title and copyrights to the Licensed Software and any copies made by you remain with CTI and its suppliers.

TERMINATION

This license will continue until terminated. Unauthorized copying of the Licensed Software or failure to comply with the above
restrictions will result in automatic termination of this Agreement and will make available to CTI other legal remedies. If this is a
Temporary License, this license will terminate on the date specified on the original order, the distribution media, or the Software Key.
This license will also automatically terminate if You go into liquidation, suffer or make any winding up petition, make an arrangement
with Your creditors, or suffer or file any similar action in any jurisdiction in consequence of debt. Upon termination of this license for
any reason, You will destroy all copies of the Licensed Software. Any use of the Licensed Software after termination is unlawful.

LIMITED WARRANTY AND DISCLAIMER

CTI warrants that, for a period of ninety (90) days from the date of transmission to You, the Licensed Software under normal use will
perform substantially in accordance with the Licensed Software specifications.

CTI's entire liability and Your exclusive remedy under this warranty will be, at CTI's option, to use reasonable commercial efforts to
attempt to correct or work around errors. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, CTI MAKES AND YOU
RECEIVE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH
YOU, AND CTI AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND THEIR EQUIVALENTS. CTI does not warrant that
the operation of the Licensed Software will be uninterrupted or error free or that the Licensed Software will meet Your specific
requirements.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE
TO STATE AND JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY

IN NO EVENT WILL CTI OR ITS SUPPLIERS BE LIABLE FOR LOSS OF OR CORRUPTION TO DATA, LOST PROFITS OR
LOSS OF CONTRACTS, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL,
PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM THE SUPPLY OR USE OF THE LICENSED
SOFTWARE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). THIS LIMITATION
WILL APPLY EVEN IF CTI OR AN AUTHORIZED DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, EXCEPT TO THE EXTENT THAT LIABILITY MAY NOT BY LAW BE LIMITED OR EXCLUDED, AND
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL CTI'S
LIABILITY EXCEED ONE HUNDRED DOLLARS ($100). YOU AGREE THAT THE FOREGOING LIMITATIONS REFLECT A
REASONABLE ALLOCATION OF RISK.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO
YOU.

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