Echelon OpenLNS Commissioning Tool User Manual
Page 387
OpenLNS CT User’s Guide
371
The functionality of the Microsoft Visio product as integrated in specified editions of the Licensed
Software may differ from a non-integrated Microsoft Visio product and any issues concerning the
functionality or performance of the Echelon OpenLNS Commissioning Tool and the integrated Microsoft
Visio product should be directed to Echelon and not to Microsoft Corporation.
VII. TERMINATION
This License will continue until terminated by either party in writing. This license will automatically
terminate at the end of the Use Period. 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 Echelon other legal remedies. 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 shall destroy all copies of the Licensed Software after the License is terminated. Any use of
the Licensed Software after termination is unlawful.
VIII. TRADEMARKS
You may make appropriate and truthful reference to Echelon, Echelon products and technology in Your
company and product literature; provided that You properly attribute Echelon’s trademarks in accordance
with Echelon's trademark guidelines, avd do
not use the name of Echelon or any Echelon trademark in Your name or product name. No license is
granted, express or implied, under any Echelon trademarks, or trade names.
IX. LIMITED WARRANTY AND DISCLAIMER
Echelon warrants that, for a period of ninety (90) days from the date of delivery or transmission to You, the
Licensed Software under normal use will perform substantially in accordance with the Licensed Software
specifications contained in the Documentation. Echelon's entire liability and Your exclusive remedy under
this warranty will be, at Echelon's option, to use reasonable commercial efforts to attempt to correct or
work around errors, to replace the Licensed Software with functionally equivalent Licensed Software, or to
terminate this Agreement. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES,
ECHELON AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTIES OR
CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH YOU,
AND ECHELON AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT
AND THEIR EQUIVALENTS. Echelon 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. Echelon
shall not be responsible for any errors or non-conformity in the Licensed Software resulting from Your
failure to use the Licensed Software in conformance with this Agreement and the Documentation, or
modifications of the Licensed Software by You.
X. LIMITATION OF LIABILITY
IN NO EVENT WILL ECHELON OR ITS SUPPLIERS BE LIABLE FOR LOSS OR CORRUPTION OF
DATA, LOST PROFITS, LOSS OF CONTRACTS, COST OF PROCUREMENT OF SUBSTITUTE
GOODS, TECHNOLOGY OR SERVICES 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 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 PROVIDED HEREIN. IN NO EVENT SHALL ECHELON'S OR ITS SUPPLIERS'
LIABILITY EXCEED IN THE AGGREGATE ONE THOUSAND UNITED STATES DOLLARS (USD