Welch Allyn Image Capture System - User Manual - Manual (Page 42)

34 Chapter 5 Maintenance Welch Allyn Image Capture System
Review Draft Company Confidential Aug 24, 2004
4. Term. This License Agreement is effective upon your operation of the ICS device and
shall continue until terminated. You may terminate this License Agreement by
returning the ICS device to the dealer from which you purchased it within the time
permitted for returns under your purchase agreement. Welch Allyn may terminate
this License Agreement if you violate any condition of, or default in performing any
obligation required by, the License Agreement. Upon termination by Welch Allyn, you
agree to return the Software to Welch Allyn.
5. Limited Warranty. Welch Allyn warrants, for your benefit alone, for a period of 12
months after the date of commencement of this License Agreement (referred to as
the "Warranty Period") that during the Warranty Period the ICS Software will operate
substantially in accordance with the functional descriptions or specifications in the
User's Instructions or Documentation. Updates to the ICS Software are covered by an
Update Warranty Period of 90 days after delivery of the Update to you. Welch Allyn
does not warrant that the ICS Software is free from defects, nor that it will operate
error-free or produce results that will meet your requirements. If during the Warranty
Period, a defect in the ICS Software appears, you may return it to Welch Allyn and at
Welch Allyn's sole discretion, it will either: 1) fix or replace the ICS Software, or 2)
refund to you the price you paid for the ICS device. If a defect in an Update of the ICS
Software appears during the Update Warranty Period, you may notify Welch Allyn, and
Welch Allyn will use all commercially reasonable efforts to fix or replace the Updated
ICS Software. You agree that the foregoing constitutes your sole and exclusive
remedy against Welch Allyn for the failure of any warranties made under this License
Agreement. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE SOFTWARE
IS LICENSED "AS IS," AND WELCH ALLYN DISCLAIMS ANY AND ALL OTHER
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
6. Limitation of Liability. The cumulative liability of Welch Allyn to you or any other party
for any loss or damages resulting from any claims, demands, or actions arising out of
or relating to this License Agreement shall not exceed the price you paid for the ICS
device. In no event shall Welch Allyn be liable for any indirect, incidental,
consequential, special, or exemplary damages or lost profits, even if Welch Allyn has
been advised of the possibility of such damages.
7. Governing Law. This License Agreement shall be construed and governed in
accordance with the laws of the State of New York, USA.
8. No Waiver. The failure of either party to enforce any rights under this License
Agreement or to take action against the other party in the event of any breach
hereunder shall not be deemed a waiver by that party as to the subsequent
enforcement of such rights.