Echelon LonScanner FX Protocol Analyzer - Manual (Page 73)

LonScanner FX Protocol Analyzer User’s Guide 67
DAMAGES, LOSSES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THE SUPPLY OR USE
OF THE LICENSED SOFTWARE OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED
AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION NEGLIGENCE). THIS
LIMITATION WILL APPLY EVEN IF ECHELON OR AN AUTHORIZED DISTRIBUTOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT TO THE EXTENT THAT LIABILITY
MAY NOT BY LAW BE LIMITED OR EXCLUDED, IN NO EVENT SHALL ECHELON’S OR ITS
SUPPLIERS’ LIABILITY EXCEED THE AMOUNTS PAID FOR THE LICENSED SOFTWARE. YOU
ACKNOWLEDGE THAT THE AMOUNTS PAID BY YOU FOR THE LICENSED SOFTWARE REFLECT
THIS REASONABLE ALLOCATION OF RISK.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
AND EXCLUSIONS MAY NOT APPLY TO YOU.
SAFE OPERATION
YOU ASSUME RESPONSIBILITY FOR, AND HEREBY AGREE TO USE YOUR BEST EFFORTS IN,
DESIGNING, MANUFACTURING, COMMISSIONING, AND RECOVERING LONWORKS
® DEVICES
HEREUNDER TO PROVIDE FOR SAFE OPERATION THEREOF, INCLUDING, BUT NOT LIMITED
TO, COMPLIANCE OR QUALIFICATION WITH RESPECT TO ALL SAFETY LAWS, REGULATIONS
AND AGENCY APPROVALS, AS APPLICABLE. THE LICENSED SOFTWARE, SMART
TRANSCEIVER, NEURON
® CHIP, LONTALK ® PROTOCOL, NEURON CHIP FIRMWARE AND THE
LONWORKS NETWORK INTERFACES ARE NOT DESIGNED OR INTENDED FOR USE AS
COMPONENTS IN EQUIPMENT INTENDED FOR SURGICAL IMPLANT INTO THE BODY, OR
OTHER APPLICATIONS INTENDED TO SUPPORT OR SUSTAIN LIFE, FOR USE IN FLIGHT
CONTROL OR ENGINE CONTROL EQUIPMENT WITHIN AN AIRCRAFT, OR FOR ANY OTHER
APPLICATION IN WHICH THE FAILURE THEREOF COULD CREATE A SITUATION IN WHICH
PERSONAL INJURY OR DEATH MAY OCCUR, AND YOU SHALL HAVE NO RIGHTS HEREUNDER
FOR ANY SUCH APPLICATIONS.
LANGUAGE
The parties hereto confirm that it is their wish that this Agreement, as well as other
documents relating hereto, have been and shall be written in the English language only. Any
translations are provided for convenience only, and the English language version shall control.
Les parties aux présentes confirment leur volonté que cette convention de même que tous les
documents y compris tout avis qui s'y rattache, soient rédigés en langue anglaise.
COMPLIANCE WITH EXPORT CONTROL LAWS
You agree to comply with all applicable export and reexport control laws and regulations,
including the Export Administration Regulations ("EAR") maintained by the United States
Department of Commerce. Specifically, you covenant that You shall not—directly or
indirectly—sell, export, reexport, transfer, divert, or otherwise dispose of any software, source
code, or technology (including products derived from or based on such technology) received
from Echelon under this Agreement to any country (or national thereof) subject to
antiterrorism controls or U.S. embargo, or to any other person, entity, or destination
prohibited by the laws or regulations of the United States, without obtaining prior
authorization from the competent government authorities as required by those laws and
regulations. You agree to indemnify, to the fullest extent permitted by law, Echelon from and
against any fines or penalties that may arise as a result of your breach of this provision. This
export control clause shall survive termination or cancellation of this Agreement.