No other warranties, Intellectual property, Allocation of risks – ProSoft Technology MVI46-MBP User Manual

Page 96

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MVI46-MBP ♦ SLC Platform

Support, Service & Warranty

Modbus Plus Communication Module

Page 96 of 101

ProSoft Technology, Inc.

February 19, 2008

6.5.7 No

Other

Warranties

Unless modified in writing and signed by both parties, this Warranty is
understood to be the complete and exclusive agreement between the parties,
suspending all oral or written prior agreements and all other communications
between the parties relating to the subject matter of this Warranty, including
statements made by salesperson. No employee of ProSoft or any other party is
authorized to make any warranty in addition to those made in this Warranty. The
Customer is warned, therefore, to check this Warranty carefully to see that it
correctly reflects those terms that are important to the Customer.

6.5.8 Intellectual

Property

A

Any documentation included with Product purchased from ProSoft is
protected by copyright and may not be photocopied or reproduced in any
form without prior written consent from ProSoft.

B

ProSoft's technical specifications and documentation that are included with
the Product are subject to editing and modification without notice.

C

Transfer of title shall not operate to convey to Customer any right to make, or
have made, any Product supplied by ProSoft.

D

Customer is granted no right or license to use any software or other
intellectual property in any manner or for any purpose not expressly permitted
by any license agreement accompanying such software or other intellectual
property.

E

Customer agrees that it shall not, and shall not authorize others to, copy
software provided by ProSoft (except as expressly permitted in any license
agreement accompanying such software); transfer software to a third party
separately from the Product; modify, alter, translate, decode, decompile,
disassemble, reverse-engineer or otherwise attempt to derive the source
code of the software or create derivative works based on the software; export
the software or underlying technology in contravention of applicable US and
international export laws and regulations; or use the software other than as
authorized in connection with use of Product.

6.5.9 Additional

Restrictions

Relating To Software And Other

Intellectual Property

In addition to complying with the Terms of this Warranty, Customers purchasing
software or other intellectual property shall comply with any license agreement
accompanying such software or other intellectual property. Failure to do so may
void this Warranty with respect to such software and/or other intellectual
property.

6.5.10 Allocation of risks

This Warranty allocates the risk of product failure between ProSoft and the
Customer. This allocation is recognized by both parties and is reflected in the
price of the goods. The Customer acknowledges that it has read this Warranty,
understands it, and is bound by its Terms.

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