Sensaphone IMS-4000 Users manual User Manual

Page 139

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Appendix D: License Agreement for Sensaphone® IMS-4000 ConsoleView Software

VIII. THE LAW IN SOME JURISDICTIONS MAY LIMIT OR PRECLUDE WARRANTY EXCLUSIONS OR

LIMITATIONS, INDEMNIFICATION TERMS AND/OR LIMITATIONS ON LIABILITY, SO NOT ALL OF THE ABOVE

LIMITATIONS MAY APPLY TO YOU.

Disclaimer
Although the Software is scanned for the known viruses, you should scan the Software for viruses or other defects, prior to

installation on your system. Sensaphone does not accept any liability for damage or loss as a result of the installation or use

of the Software, including but not limited to any damage or loss resulting from any such viruses or defects.
Notwithstanding its efforts Sensaphone reserves the right to change the Software and publish new release versions.

Sensaphone assumes no responsibility in notification to the end-user of new release updates or versions of the Application.

Website use
Customer may use services provided by Sensaphone on an Internet web site that could be connected to the use of the

Software subject to this Agreement. The use of such web site may only be made by authorized users with a proper identifi-

cation and password or serial number.
In using such a web site, you are further BOUND BY THE TERMS AND CONDITIONS LOCATED ON THE WEB SITE.

YOU MUST READ ALL OF THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THE WEB SITE. IF

YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS ON THE WEB SITE, THEN YOU SHOULD

CEASE USING THE WEB SITE, AND INFORM SENSAPHONE THAT YOU DO NOT INTEND TO USE AND/OR

CONTINUE USING THAT WEB SITE. YOUR USE OF THE WEB SITE IS AN ACKNOWLEDGMENT THAT YOU

AGREE TO ALL THE TERMS AND CONDITIONS THEREIN.
Deemed acceptance and applicable law
The installation or use of the Software is deemed acceptance of the terms and conditions contained in the License

Agreement. This License Agreement shall be effective and binding upon Sensaphone and you, the end user, upon installa-

tion or use of the Software. The term of this Agreement shall commence on the date of installation or use by you and shall

continue indefinitely if you remain in compliance with all of the terms and condition set forth herein. If you do not agree to

the terms of the License, please do not install or otherwise use the Software.

Choice of Forum and Choice of Law
In the event that a dispute arises out of or in connection with this License Agreement, then any claims or suits of any kind

concerning such disputes shall only and exclusively be brought in either the Court of Common Pleas of Delaware County,

Pennsylvania or the United States District Court for the Eastern District of Pennsylvania.

Regardless of the place of contracting or performance, this License Agreement and all questions relating to its validity, inter-

pretation, performance and enforcement shall be governed by and construed in accordance with the laws of the State of

Delaware, without regard to the principles of conflicts of law.

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