PRG V676 User Manual 3.5 - Manual (Page 4)

II V676 ® / V476 ® CONTROL CONSOLE USER MANUAL
NECESSARY SERVICING, REPAIR OR CORRECTION. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU
MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
7. Limitation Of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PRG BE LIABLE FOR ANY LOST
REVENUE OR PROFITS OR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE
USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF PRG OR ITS AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PRG’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE
AMOUNT PAID BY YOU FOR THE SOFTWARE.
8. Arbitration, Jurisdiction, and Venue. You agree that any action at law or in equity arising out of the License or relating to this
Software shall be resolved, individually, through biding arbitration using the then current rules of the American Arbitration
Association, in Dallas, Texas and the resulting decisions may be entered in any court with proper jurisdiction. This means that if you
have a grievance with us, you cannot take us to court, and you may not join your action with any other party. You can address such
grievances through arbitration only and you are hereby consenting to do it in Dallas, Texas, using Texas' laws (without regard to
Texas' conflicts of laws). You agree that are properly subject to the jurisdiction of the courts of the State of Texas and waive any
rights to challenge personal jurisdiction.
9. Government Licensee. If you are acquiring the Software on behalf of any unit or agency of the United States Government, the
following provisions apply: (a) the Government acknowledges PRG’s representation that the Software and its documentation were
developed at private expense and no part of them is in the public domain; (b) the Government acknowledges PRG’s representation
that the Software is "Restricted Computer Software" as that term is defined in Clause 52.227-19 of the Federal Acquisition
Regulations ("FAR") and is "Commercial Computer Software" as that term is defined in Subpart 227.471 of the Department of
Defense Federal Acquisition Regulation Supplement ("DFARS"). The Government agrees that: (i) if the Software is supplied to the
Department of Defense ("DoD"), the Software is classified as "Commercial Computer Software" and the Government is acquiring
only "limited rights" in the Software and its documentation as that term is defined in Clause 252.227-7013(a)(13) of the DFARS, and
(ii) if the Software is supplied to any unit or agency of the United States Government other than DoD, the Government’s rights in the
Software and its documentation will be as defined in Clause 52.227-19(c)(2) of the FAR.
10. Indemnity. You agree to indemnify and hold harmless PRG, and its parents, subsidiaries, affiliates, officers, directors,
shareholders, employees and agents, from and against any costs, losses, liabilities and expenses, including reasonable attorney’s
fees, that PRG may suffer, incur, or be subjected to by reason of any claim by a third party due to or arising out of your conduct,
your use of the Software, any alleged breach of this License or the representations and warranties herein, the alleged violation of
the rights of any third party, or any alleged infringement of the intellectual property rights of any third party, including but not limited
to your use of any content, trademarks, service marks, trade names or other intellectual property used in connection with the
Software. PRG reserves the right to control the exclusive defense of any matter otherwise subject to your indemnification, which
will not excuse your indemnity obligations.
11. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the
Software and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject
matter.
12. Miscellaneous. If any provision of this License shall be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable (or reformable, if necessary), and shall not affect the validity and enforceability of any remaining
provisions. Alternatively, such provision may also be modified to the extent necessary for its validity.
13. Transfer. This License may be transferred to another party provided the other party reads and agrees to accept the terms and
conditions of this License and you notify PRG of the transfer in writing.