Novatel GNSS Receiver and Antenna SMART-AG User Manual
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SMART-AG User Manual Rev 5
Software License
visual output of the Software;
(d)
transmit the Software over a network, by telephone or electronically using any means (except
when downloading a purchased up[grade from the NovAtel Web site); or
(e)
reverse engineer, decompile or disassemble the Software.
You agree to keep confidential and use your best efforts to prevent and protect the contents of the Soft-
ware from unauthorized disclosure or use.
5. Term and Termination: This Agreement and the rights and licences hereby granted shall continue
in force in perpetuity unless terminated by NovAtel or Licensee in accordance herewith. In the event
that the Licensee shall at any time during the term of this Agreement: i) be in breach of its obligations
hereunder where such breach is irremediable or if capable of remedy is not remedied within 30 days
of notice from NovAtel requiring its remedy; then and in any event NovAtel may forthwith by notice
in writing terminate this Agreement together with the rights and licences hereby granted by NovAtel.
Licensee may terminate this Agreement by providing written notice to NovAtel. Upon termination,
for any reasons, the Licensee shall promptly, on NovAtel's request, return to NovAtel or at the election
of NovAtel destroy all copies of any documents and extracts comprising or containing the Software.
The Licensee shall also erase any copies of the Software residing on Licensee's computer equipment.
Termination shall be without prejudice to the accrued rights of either party, including payments due to
NovAtel. This provision shall survive termination of this Agreement howsoever arising.
6. Warranty: NovAtel does not warrant the contents of the Software or that it will be error free. The
Software is furnished "AS IS" and without warranty as to the performance or results you may obtain
by using the Software. The entire risk as to the results and performance of the Software is assumed by
you. See product enclosure, if any for any additional warranty.
7. Indemnification: NovAtel shall be under no obligation or liability of any kind (in contract, tort or
otherwise and whether directly or indirectly or by way of indemnity contribution or otherwise howso-
ever) to the Licensee and the Licensee will indemnify and hold NovAtel harmless against all or any
loss, damage, actions, costs, claims, demands and other liabilities or any kind whatsoever (direct, con-
sequential, special or otherwise) arising directly or indirectly out of or by reason of the use by the
Licensee of the Software whether the same shall arise in consequence of any such infringement, defi-
ciency, inaccuracy, error or other defect therein and whether or not involving negligence on the part of
any person.
8. Disclaimer and Limitation of Liability:
(a)
THE WARRANTIES IN THIS AGREEMENT REPLACE ALL OTHER WARRAN-
TIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MER-
CHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NovAtel
DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES. IN NO EVENT WILL
NovAtel's LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF NovAtel
HAS KNOWLEDGE OF THE POTENTIAL LOSS OR DAMAGE.
(b)
NovAtel will not be liable for any loss or damage caused by delay in furnishing the Software
or any other performance under this Agreement.
(c)
NovAtel's entire liability and your exclusive remedies for our liability of any kind (including
liability for negligence) for the Software covered by this Agreement and all other perfor-
mance or non-performance by NovAtel under or related to this Agreement are to the reme-
dies specified by this Agreement.