Disclaimer of all other warranties, Limitation of remedies, Time limit for bringing suit – ProSoft Technology RLX-OPC-SRV User Manual

Page 104

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RLX-OPC-SRV ♦ ProSoft Software

Support, Service & Warranty

RadioLinx® OPC Server for Frequency Hopping and Industrial Hotspot™ Radios

Page 104 of 108

ProSoft Technology, Inc.

January 22, 2009

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.

7.3.5 Disclaimer

of

all Other Warranties

The Warranty set forth in What Is Covered By This Warranty (page 102) are in
lieu of all other warranties, express or implied, including but not limited to the
implied warranties of merchantability and fitness for a particular purpose.

7.3.6 Limitation of Remedies **

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 included, 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.

** Some areas do not allow time limitations on an implied warranty, or allow the exclusion or
limitation of incidental or consequential damages. In such areas, the above limitations may not
apply. This Warranty gives you specific legal rights, and you may also have other rights which vary
from place to place.

7.3.7 Time Limit for Bringing Suit

Any action for breach of warranty must be commenced within 39 months
following shipment of the Product.

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