Disclaimer of all other warranties, No other warranties, Allocation of risks – ProSoft Technology 5201-DFNT-ASCII User Manual

Page 36

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ASCII ♦ ProLinx Standalone

Support, Service & Warranty

Generic ASCII Serial Communication Module

Page 36 of 40

ProSoft Technology, Inc.

July 7, 2008

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.

f) Additional Restrictions Relating To Software And Other Intellectual

Property

In addition to compliance 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.

7.2.7 Disclaimer

of

all Other Warranties

The Warranty set forth in What Is Covered By This Warranty (page 33) are in lieu
of all other warranties, express or implied, including but not limited to the implied
warranties of merchantability and fitness for a particular purpose.

7.2.8 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.

7.2.9 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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