Wyse Winterm 3000 Series User Manual page 10

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No Liability for Consequential Damages. [MANUFACTURER AND/OR]
MANUFACTURER'S SUPPLIERS SHALL NOT BE HELD TO ANY LIABILITY FOR
ANY DAMAGES SUFFERED OR INCURRED BY YOU (INCLUDING, BUT NOT
LIMITED TO, GENERAL, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES
INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE), ARISING
FROM OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF
THE SOFTWARE.
Customer Remedies. [MANUFACTURER's and] MANUFACTURER's supplier's
entire liability and your exclusive remedy shall be, at MANUFACTURER's option, either
(a) return of the price paid, or (b) repair or replacement of the defective SOFTWARE
that does not meet the Limited Warranty and which is returned to the manufacturer with
a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has
resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be
warranted for the remainder of the original warranty period or thirty (30) days,
whichever is longer.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may
not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to
the extent that such activity is expressly permitted by applicable law notwithstanding
this limitation.
Separation of Components. The SOFTWARE is licensed as a single product. Its
component parts may not be separated for use on more than one Embedded System.
Single Embedded System. The SOFTWARE is licensed with the Embedded System
as a single integrated product. The SOFTWARE may only be used with the Embedded
System as set forth in these licensing terms.
Rental. You may not rent, lease, or lend the SOFTWARE.
SOFTWARE Transfer. You may permanently transfer all of your rights set forth in
these licensing terms only as part of a permanent sale or transfer of the Embedded
System, provided you retain no copies, you transfer all of the SOFTWARE (including all
component parts, the media and printed materials, any upgrades, these licensing
terms, and, if applicable, the Certificate(s) of Authenticity), and the recipient agrees to
these licensing terms. If the SOFTWARE is an upgrade, any transfer must also include
all prior versions of the SOFTWARE.
Back-up Copy. If MANUFACTURER has not included a back-up copy of the
SOFTWARE with the Embedded System, you may make a single back-up copy of the
SOFTWARE. You may use the back-up copy solely for archival purposes. Except as
expressly provided in these licensing terms, you may not otherwise make copies of the
SOFTWARE, including the printed materials accompanying the SOFTWARE.
NOT FAULT TOLERANT. THE SOFTWARE MAY CONTAIN TECHNOLOGY THAT IS
NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR
INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE
FAILURE OF LICENSED SOFTWARE COULD LEAD TO DEATH, PERSONAL
INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE OR FINANCIAL
LOSS.
Termination. Without prejudice to any other rights, MANUFACTURER may terminate
this license if you fail to comply with the licensing terms. In such event, you must
destroy all copies of the SOFTWARE and all of its component parts.