INFICON Explorer Portable Gas Chromatograph User Manual

Page 339

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Explorer Operator Manual

337

6.3 LICENSOR MAKES NO WARRANTIES THAT ERRORS HAVE

BEEN COMPLETELY ELIMINATED FROM THE LICENSED

PROGRAM OR THAT USE OF ANY LICENSED PROGRAM WILL

NOT INFRINGE UPON ANY PATENT, COPYRIGHT, OR

TRADEMARK. LICENSOR MAKES NO OTHER WARRANTIES,

EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO

FITNESS FOR A PARTICULAR PURPOSE OR

MERCHANTABILITY WITH RESPECT TO THE LICENSED

PROGRAM. THIS LIMITED WARRANTY GIVES LICENSEE

SPECIFIC LEGAL RIGHTS, AND LICENSEE MAY ALSO HAVE

OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

7 ...................................................................................................Termination

7.1 If LICENSEE fails to comply with any term or condition of the license,

LICENSOR may notify LICENSEE in writing of such failure. If

LICENSEE fails to cure such failure within thirty (30) days of such

written notice, this License may be terminated.

7.2 LICENSEE may terminate the License at will on thirty (30) days prior

written notice to LICENSOR. Within ten (10) days after termination,

LICENSEE shall certify in writing to LICENSOR that all copies, in

whole or in part, in any form, of the Licensed Program have been

destroyed or returned to LICENSOR.

7.3 LICENSOR shall have the right to terminate this License if

LICENSEE’S normal business operations are disrupted for more than

thirty (30) days, by reason of insolvency, bankruptcy, or receivership.

8 .................................................................................. Limitation of Liability

8.1 The total liability of LICENSOR or its suppliers for any claim or

damage arising out of use of Licensed Program or in connection with

any breach of this License shall be limited to direct damages and shall

not exceed the License fees which have been paid by LICENSEE to

LICENSOR for use of the Licensed Program which is the subject of

such claim or damage.

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