BridgeWave AR80 - Manual (Page 43)

AR/GE/FE/U 80/80X Installation Manual
38 580­00519 rev. D
Title to Software. Title to the Software, and to any source code for the Software, shall at all times remain solely and exclusively with BridgeWave.
Buyer agrees not to take any action inconsistent with such title. Buyer agrees that the Software, including the design and structure of individual
programs, constitutes the trade secrets or copyrighted material of BridgeWave. Buyer agrees not to disclose such material in any form to any third party
and to implement reasonable security measures to protect such material.
License Restrictions. BridgeWave reserves all other rights to the Software not specifically licensed hereunder. Buyer has no right to, and agrees not to
sell, transfer, rent, copy, reverse engineer, reverse compile, decrypt, or reduce to human readable form to gain access to trade secrets or confidential
information, modify or create derivative works of, or grant to any third party any rights in the Software, or permit any third party to do any of these
prohibited acts, without BridgeWave’s prior written consent. Buyer agrees to protect the Software licensed hereunder in a manner consistent with the
maintenance of BridgeWave’s ownership and proprietary rights therein, including displaying of any copyright and trademark notices in all Software as
incorporated by BridgeWave.
Term and Termination. This License is effective until terminated. Buyer may terminate this License at any time, provided that Buyer’s termination
does not entitle Buyer to any refund of purchase or license fees. BridgeWave may terminate Buyer’s rights under this License immediately upon
written notice if Buyer fails to comply with any provision of this License. Upon termination, Buyer must destroy all copies of Software in its
possession or control.
Export. Software and Products, including technical data, may be subject to U.S. export control laws, including the U.S. Export Administration Act
and its associated regulations, and may be subject to export or import regulations in other countries. Buyer agrees to comply strictly with all such
regulations and acknowledges that Buyer has the responsibility to obtain licenses to export, re­export, or import Software and Products.
Restricted Rights. BridgeWave’s commercial software and commercial computer software documentation is provided to United States Government
agencies in accordance with the terms of this Limited Hardware Warranty and Software License, and per subparagraph “©” of the “Commercial
Computer Software – Restricted Rights” clause at FAR 52.227­19 (June 1987). For DOD agencies, the restrictions set forth in the “technical Data­
Commercial Items” clause at DFARS 252.227­7015 (Nov 1995) shall also apply.
LIMITATION OF REMEDY AND LIABILITY PROVISIONS
EXCLUSIVE REMEDIES. THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY AND SOFTWARE LICENSE ESTABLISH THE
ENTIRE OBLIGATION OF BRIDGEWAVE AND BUYER’S SOLE REMEDY IN REGARD TO CLAIMS RELATING TO BREACH OF
WARRANTY OR INTELLECTUAL PROPERTY RIGHTS INCLUDING BUT NOT LIMITED TO CLAIMS DIRECTED TO THE
INFRINGEMENT OR MISAPPROPRIATION OF PATENTS, COPYRIGHTS, TRADE SECRETS AND OTHER PROPRIETARY RIGHTS FOR
THE PRODUCTS.
NO CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL EITHER PARTY, OR EITHER PARTY’S SUPPLIERS, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, SHAREHOLDERS OR CONTRACTORS (“RELATED PARTIES”), BE LIABLE TO THE OTHER PARTY OR ITS
RELATED PARTIES FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR FOR
COST OF COVER, LOST REVENUES, LOST PROFITS OR LOST DATA OR OTHER ECONOMIC LOSS ARISING FROM ANY CAUSE
INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, STRICT LIABILITY, OR FAILURE OF
ESSENTIAL PURPOSE EVEN IF BRIDGEWAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATIONS SHALL APPLY EVEN IF THE ABOVE­STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME
STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO BUYER.
LIMIT ON LIABILITY. THE MAXIMUM LIABILITY OF BRIDGEWAVE, AND ITS RELATED PARTIES, TAKEN AS A WHOLE, FOR ANY
AND ALL CLAIMS IN CONNECTION WITH THE PRODUCTS AND SOFTWARE, INCLUDING BUT NOT LIMITED TO CLAIMS FOR
BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, STRICT LIABILITY, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE,
SHALL IN NO CIRCUMSTANCE EXCEED THE PURCHASE PRICE PAID BY BUYER TO BRIDGEWAVE OR BRIDGEWAVE’S
AUTHORIZED CHANNEL PARTNERS FOR THE PRODUCTS AND SOFTWARE.
Statute of Limitations. Any action for breach of or to enforce any right under this Limited Hardware Warranty or Software License shall be
commenced within one (1) year after the cause of action accrues, or reasonably could have been discovered, or it shall be deemed waived and barred.
Administrative Provisions. This Limited Hardware Warranty and Software License shall be governed by and construed in accordance with the laws
of the State of California, without reference to principles of conflict of laws, provided that for customers located in a member state of the European
Union, Norway or Switzerland, English law shall apply. The United Nations Convention on the International Sale of Goods shall not apply. If any
portion hereof is found to be void or unenforceable, the remaining provisions of the Limited Hardware Warranty and Software License shall remain in
full force and effect. Except as expressly provided herein, the Limited Hardware Warranty and Software License constitutes the entire agreement
between the parties with respect to warranties on the Hardware and Licensing of the Software, and supersedes any conflicting or additional terms
contained in any prior or contemporaneous discussion, negotiation or agreement, including those in any purchase order or order acknowledgment.