NavCom SF-3050 Rev.I User Manual
Page 162
SF-3050 GNSS Product User Guide
– Rev I
F-143
7.
LIMITATION OF LIABILITY. EXCEPT AS SET FORTH IN THE LIMITED
WARRANTY, UNDER NO CIRCUMSTANCES SHALL Licensor, ITS AFFILIATES OR ITS
THIRD PARTY SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTIES FOR
DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND,
INCLUDING ANY LOSS OR DAMAGE CAUSED BY THE Software; ANY PARTIAL OR
TOTAL FAILURE OF THE Software; PERFORMANCE, NONPERFORMANCE OR
DELAYS IN CONNECTION WITH ANY INSTALLATION, MAINTENANCE, WARRANTY
OR REPAIRS OF THE Software, DAMAGE TO PROPERTY, LOSS OF PROFITS, LOSS
OF BUSINESS OR LOSS OF GOODWILL, LOSS OF USE OF EQUIPMENT OR
SERVICES OR DAMAGES TO BUSINESS OR REPUTATION ARISING FROM THE
PERFORMANCE OR NON-PERFORMANCE OF ANY ASPECT OF THIS AGREEMENT,
WHETHER IN CONTRACT, TORT OR OTHERWISE, AND WHETHER OR NOT
Licensor, ITS AFFILIATES OR ITS THIRD PARTY SUPPLIERS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Licensor's
CUMULATIVE LIABILITY TO YOU OR TO ANY OTHER PARTY FOR ANY LOSSES OR
DAMAGES RESULTING FROM ANY CLAIMS, LAWSUITS, DEMANDS, OR ACTIONS
ARISING FROM OR RELATING TO USE OF THE Software EXCEED YOUR TOTAL
PAYMENT FOR THE Receiver and for the license of the Software.
8.
Software Maintenance. Licensor may, at its sole option, offer you maintenance of
the Software, even though the Warranty Period (as defined above) has expired. Such
maintenance may include providing modifications, corrections or enhancements
("Upgrades") to the Software and/or the applicable User Manual(s). Licensor reserves the
right, in its sole discretion, to charge you for maintenance (except in cases where
corrections are provided under the Limited Warranty). Your acceptance of this License
Agreement constitutes your agreement that any Upgrades will be deemed included in the
Software as defined in this License Agreement and that they shall be governed by the
terms and conditions applicable to the Receiver Software under this License Agreement.
9.
Termination of License. Licensor may terminate the license granted under this
Agreement upon written notice of termination provided to you if you violate any material
term of this Agreement pertaining to your use of the Software or Licensor's rights,
including, without limitation, the provisions of Sections 2 and 3 above.
10.
Compliance with Law. You agree that you will use the Software in accordance with
United States law and the laws of the country in which you are located, as applicable,
including foreign trade control laws and regulations. The Software may be subject to
export and other foreign trade controls restricting re-sales and/or transfers to other
countries and parties. By accepting the terms of this Agreement, you acknowledge that
you understand that the Software may be so controlled, including, but not limited to, by
the Export Administration Regulations and/or the foreign trade control regulations of the
Treasury Department of the United States. Any other provision of this Agreement to the
contrary notwithstanding, you agree that the Software will not be resold, re-exported or
otherwise transferred. The Software remains subject to applicable U.S. laws.
11.
Indemnification. You agree to defend, indemnify and hold Licensor, its affiliates
and third party supplier, and their officers, directors, employees, agents and
representatives (each an "Indemnified Party"), harmless from and against all claims,
demands proceedings, injuries, liabilities, losses, or costs and expenses (including
reasonable legal fees) brought by any third party against any such persons arising from