Leica Biosystems PELORIS_PELORIS II - Manual (Page 7)

Software Licence Terms
Leica PELORIS™ User Manual Rev K © Leica Biosystems Melbourne Pty Ltd 2011 7
8 Exclusions and limitations
8.1 Acknowledgments
The Licensee acknowledges that:
(a) it has selected the Goods from a range of products and has satisfied itself that the Goods meet the Licensee's
requirements;
(b) no oral or written information, representation or advice given by or on behalf of Leica Microsystems, other than as
contained in this agreement, creates a warranty or in any way increases the scope of this agreement; and
(c) unless expressly agreed otherwise in writing, the Licensee has not relied on any information, representation or advice
given by or on behalf of Leica Microsystems in selecting the Goods; and
(d) Leica Microsystems makes no representation that the Goods conform to country, state or local laws, ordinances,
regulations, codes or standards (except as may otherwise be agreed to in writing by Leica Microsystems) and the
Licensee is responsible for complying with all local laws relating to use of the Goods at its own cost.
8.2 Exclusion of implied terms
Leica Microsystems excludes from this agreement all conditions, warranties and liabilities implied or imposed by law or
custom except any liability or implied condition or warranty the exclusion or limitation of which would contravene any statute
or cause any part of this clause 8 to be void (‘non-excludable conditions’).
8.3 Non-excludable conditions
To the extent permitted by law, Leica Microsystems’ liability for any breach of any Non-Excludable Condition is limited to:
(a) in the case of services, the resupply of the services or the cost of having the services supplied again (at Leica
Microsystems' option); and
(b) in the case of goods, the lowest of the cost of replacing the goods, acquiring equivalent goods or having the goods
repaired.
8.4 Exclusion of liability
To the extent permitted by law, Leica Microsystems excludes all liability (including liability for negligence) for:
(a) any indirect or consequential expenses, losses, damages or costs (including, without limitation, loss of profits, loss of
revenue, loss of or damage to data, failure to achieve anticipated savings or benefits, and any third party claims)
incurred by or awarded against the Licensee under or in any way connected with this agreement or the use of the
Software or Documentation;
(b) without limiting the foregoing, any expenses, losses, damages or costs incurred by or awarded against the Licensee
arising directly or indirectly in respect of clinical (including without limitation diagnostic, prescription and other
treatment) errors made while using, or otherwise associated with the use of, the Software or Documentation; and
(c) the operation or performance of, and any expenses, losses, damages or costs suffered or incurred by the Licensee as
a result of its use of, any Third Party Material.
8.5 Limitation of liability
To the extent permitted by law, Leica Microsystems limits its total aggregate liability (including liability for negligence) for any
damage arising under or in any way connected with this agreement or the use of the Software to
the price paid by the
Licensee for the Software or the Goods containing the Software under the Supply Agreement.
9 Indemnity
The Licensee indemnifies Leica Microsystems against all expenses, losses, damages and costs (on a solicitor and own client
basis) incurred by or awarded against Leica Microsystems arising directly or indirectly from or in relation to:
(a) any use of the Software not in compliance with this agreement;
(b) any breach of any Third Party Licence Terms by the Licensee;
(c) the Licensee's infringement of Leica Microsystems' Intellectual Property rights;
(d) clinical (including without limitation diagnostic, prescription and other treatment) errors made while using, or
otherwise associated with the use, of the Software or Documentation;