ProSoft Technology RLXIB-IHA-A - Manual (Page 105)

RLXIB-IHA ♦ 802.11a Support, Service & Warranty
RadioLinx® 802.11a Industrial Hotspot User Manual
ProSoft Technology, Inc. Page 105 of 123
July 25, 2013
e) Customer agrees that it shall not, and shall not authorize others to, copy
software provided by ProSoft (except as expressly permitted in any
license agreement accompanying such software); transfer software to a
third party separately from the Product; modify, alter, translate, decode,
decompile, disassemble, reverse-engineer or otherwise attempt to derive
the source code of the software or create derivative works based on the
software; export the software or underlying technology in contravention of
applicable US and international export laws and regulations; or use the
software other than as authorized in connection with use of Product.
f) Additional Restrictions Relating To Software And Other Intellectual
Property
In addition to compliance with the Terms of this Warranty, Customers
purchasing software or other intellectual property shall comply with any
license agreement accompanying such software or other intellectual
property. Failure to do so may void this Warranty with respect to such
software and/or other intellectual property.
7.2.5 Disclaimer of all Other Warranties
THE ABOVE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES AND
CONDITIONS, WHETHER EXPRESSED, IMPLIED OR STATUTORY,
INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR USE, OR PERFORMANCE OR APPLICATION
WARRANTIES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW. Rights under the above warranties (subject to noted limitations) extend to
Buyer's customers if Buyer is a ProSoft-appointed distributor for the Products.
7.2.6 Limitation of Remedies **
Remedies under the above warranties will be limited, at ProSoft's option, to the
replacement, repair, re-performance or modification of, or issuance of a credit for
the purchase price, of the Products involved, and only after the return of such
Products pursuant to ProSoft's instructions. Replacement Products may be new,
remanufactured, refurbished or reconditioned at ProSoft's discretion. Costs in
connection with or as a result of such defective or nonconforming Products,
including, cost to transport the Products from Buyer to ProSoft and return
shipment to Buyer, will be borne by ProSoft. The foregoing will be the exclusive
remedies for any breach of warranty or breach of contract arising there from.
In no event will ProSoft or its Dealer be liable for any special, incidental or
consequential damages based on breach of warranty, breach of contract,
negligence, strict tort or any other legal theory. Damages that ProSoft or its
Dealer will not be responsible for include, but are not limited to: Loss of profits;
loss of savings or revenue; loss of use of the product or any associated
equipment; loss of data; cost of capital; cost of any substitute equipment,
facilities, or services; downtime; the claims of third parties including, customers of
the Purchaser; and, injury to property.