Echelon IzoT Resource Editos - Manual (Page 87)

IzoT Resource Editor User's Guide 79
THE SUPPLY OR USE OF THE LICENSED SOFTWARE, HOWEVER CAUSED
AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION
NEGLIGENCE). THIS LIMITATION WILL APPLY EVEN IF ECHELON OR AN
AUTHORIZED DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT TO THE
EXTENT THAT LIABILITY MAY NOT BY LAW BE LIMITED OR EXCLUDED, IN
NO EVENT SHALL ECHELON’S OR ITS SUPPLIERS’ LIABILITY EXCEED FIVE
HUNDRED DOLLARS ($500). YOU ACKNOWLEDGE AND AGREE THAT THE
LICENSED SOFTWARE IS PROVIDED WITHOUT CHARGE AND THAT THE
FOREGOING LIMITATIONS REPRESENT A REASONABLE ALLOCATION OF
RISK UNDER THIS AGREEMENT.
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.
SAFE OPERATION
YOU ASSUME RESPONSIBILITY FOR, AND HEREBY AGREE TO USE YOUR
BEST EFFORTS IN, DESIGNING AND MANUFACTURING PRODUCTS USING
THE LICENSED SOFTWARE TO PROVIDE FOR SAFE OPERATION
THEREOF, INCLUDING, BUT NOT LIMITED TO, COMPLIANCE OR
QUALIFICATION WITH RESPECT TO ALL SAFETY LAWS, REGULATIONS
AND AGENCY APPROVALS, AS APPLICABLE. THE LICENSED SOFTWARE,
STANDARD RESOURCE FILES, USER RESOURCE FILES, SMART
TRANSCEIVERS, NEURON CHIPS, AND OTHER ECHELON PRODUCTS AND
TECHNOLOGY ARE NOT DESIGNED OR INTENDED FOR USE AS
COMPONENTS IN EQUIPMENT INTENDED FOR SURGICAL IMPLANT INTO
THE BODY, OR OTHER APPLICATIONS INTENDED TO SUPPORT OR
SUSTAIN LIFE, FOR USE IN FLIGHT CONTROL OR ENGINE CONTROL
EQUIPMENT WITHIN AN AIRCRAFT, OR FOR ANY OTHER APPLICATION
IN WHICH THE FAILURE THEREOF COULD CREATE A SITUATION IN
WHICH PERSONAL INJURY OR DEATH MAY OCCUR, AND YOU SHALL
HAVE NO RIGHTS HEREUNDER FOR ANY SUCH APPLICATIONS.
LANGUAGE
The parties hereto confirm that it is their wish that this Agreement, as well as other
documents relating hereto, have been and shall be written in the English language
only.
Les parties aux présentes confirment leur volonté que cette convention de même que
tous les documents y compris tout avis qui s’y rattache, soient rédigés en langue
anglaise.