Table of Contents
Advertisement
8. Limited Warranty: FAST WARRANTS THAT
THE SCKR LINK SOFTWARE WILL, UNDER
NORMAL AND ANTICIPATED USE, AND
WHEN USED IN THE SPECIFIED OPERAT
ING CONDITIONS, BE FREE FROM MATERI
AL OPERATING DEFECTS FOR TWO (2)
YEARS FROM THE DATE OF PURCHASE. IF
ANY CLAIM IS MADE THAT THE SCKR LINK
SOFTWARE INFRINGES THIRD PARTY IN
TELLECTUAL PROPERTY, FAST'S OBLIGA
TIONS SHALL BE EXCLUSIVELY SET FORTH
IN 2 312(3) AND 2 607 OF THE CONNECTI
CUT UCC. FAST WILL BE OBLIGATED ON
ANY CLAIM ONLY IF (1) YOU HAVE PRO
VIDED US WITH PROMPT NOTICE OF ANY
SUCH CLAIM; AND (2) ANY SUCH CLAIM IS
NOT BASED UPON YOUR FAILURE TO
INSTALL AND OPERATE THE GOODS IN AC
CORDANCE WITH OUR SPECIFICATIONS
AND DIRECTIONS; AND (3) ANY SUCH
CLAIM IS NOT ATTRIBUTABLE TO EQUIP
MENT OR OTHER DEVICES SUPPLIED BY
ANYONE BUT FAST; AND (4) YOU ALLOW US
TO CONTROL THE DEFENSE AGAINST OR
OTHER OPPOSITION TO SUCH CLAIM, IN
CLUDING THE SETTLEMENT OF SUCH
CLAIM AND ANY RELATED PROCEEDINGS.
9. No Other Warranties: EXCEPT AS SET
FORTH ABOVE, FAST DISCLAIMS ALL OTH
ER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY
WARRANTIES AS TO THE SUITABILITY, MER
CHANTABILITY OR FITNESS WITH REGARD
TO THE SCKR LINK SOFTWARE.
10. No Liability for Consequential Damages: IN
NO EVENT SHALL FAST BE LIABLE FOR ANY
LOST OR ANTICIPATED PROFITS, OR ANY
INCIDENTAL, EXEMPLARY, SPECIAL, OR
CONSEQUENTIAL DAMAGES ARISING OUT
OF THE USE OF OR INABILITY TO USE THE
SCKR LINK SOFTWARE, REGARDLESS OF
WHETHER FAST WAS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE LIM
ITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAM
AGES SO THE ABOVE LIMITATION OR EX
CLUSION MAY NOT APPLY TO YOU. IN NO
EVENT SHALL FAST'S TOTAL LIABILITY TO
YOU FOR ALL DAMAGES, LOSSES AND
CAUSES OF ACTION, WHETHER IN CON
TRACT, TORT, NEGLIGENCE OR OTHER
WISE, EXCEED THE AMOUNT PAID BY YOU
FOR THE SCKR LINK SOFTWARE.
11. U.S. Government Restricted Rights: The
SCKR Link Software is provided with Re
stricted Rights." Use, duplication or disclo
sure by the government is subject to restric
tions as set forth in FAR52.227 19 and
DFAR252.227 7013 et seq. or its successor.
Use of the SCKR Link Software by the Govern
ment constitutes acknowledgment of FAST's
proprietary rights in them. Manufacturer is
Food Automation Service Techniques, Inc.
Stratford Connecticut.
THIS SOFTWARE LICENSE AGREEMENT AND WARRANTY ARE
GOVERNED BY THE LAWS OF THE STATE OF CONNECTICUT,
U.S.A.
Advertisement
Table of Contents
