ProSoft Technology 5201-DFNT-ASCII - Manual (Page 35)

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ProSoft Technology, Inc. Page 35 of 40
July 7, 2008
7.2.4 Limitation of Remedies **
In no event will ProSoft or its Dealer be liable for any special, incidental or
consequential damages based on breach of warranty, breach of contract,
negligence, strict tort or any other legal theory. Damages that ProSoft or its
Dealer will not be responsible for included, but are not limited to: Loss of profits;
loss of savings or revenue; loss of use of the product or any associated
equipment; loss of data; cost of capital; cost of any substitute equipment,
facilities, or services; downtime; the claims of third parties including, customers of
the Purchaser; and, injury to property.
** Some areas do not allow time limitations on an implied warranty, or allow the exclusion or
limitation of incidental or consequential damages. In such areas, the above limitations may not
apply. This Warranty gives you specific legal rights, and you may also have other rights which vary
from place to place.
7.2.5 Time Limit for Bringing Suit
Any action for breach of warranty must be commenced within 39 months
following shipment of the Product.
7.2.6 Intellectual Property Indemnity
Buyer shall indemnify and hold harmless ProSoft and its employees from and
against all liabilities, losses, claims, costs and expenses (including attorney's
fees and expenses) related to any claim, investigation, litigation or proceeding
(whether or not ProSoft is a party) which arises or is alleged to arise from Buyer's
acts or omissions under these Terms or in any way with respect to the Products.
Without limiting the foregoing, Buyer (at its own expense) shall indemnify and
hold harmless ProSoft and defend or settle any action brought against such
Companies to the extent based on a claim that any Product made to Buyer
specifications infringed intellectual property rights of another party. ProSoft
makes no warranty that the product is or will be delivered free of any person's
claiming of patent, trademark, or similar infringement. The Buyer assumes all
risks (including the risk of suit) that the product or any use of the product will
infringe existing or subsequently issued patents, trademarks, or copyrights.
a) Any documentation included with Product purchased from ProSoft is
protected by copyright and may not be duplicated 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.