Nordic ID MERLIN Quick Manual page 18

versions of the Software. In the event of any
such transfer, You shall remain liable and
responsible to Nordic ID for the performance
of all of Your duties and obligations under
the License Terms.
You agree to grant Nordic ID and its
independent accountants
examine Your books, accounts and records
to verify compliance with the License Terms.
In the event such an audit reveals non-
compliance, You shall promptly sustain
compliance and pay Nordic ID the applicable
license fees (if any)
DISCLAIMER OF WARRANTY
LIMITATION OF LIABILITY
The software is not fault tolerant and is not
designed, manufactured or intended for any
use requiring fail-safe performance in which
the failure of Software could lead to death,
serious personal injury, severe physical or
environmental damage
Activities"). This includes the operation of
aircraft, aircraft navigation or communication
systems, direct life support machines or
weapons systems or nuclear facilities. Use of
Device in High Risk Activities is not licensed.
The Software is not warranted to be
compatible with all applications
environments. Contact the reseller You
purchased the Device for information about
hardware and/or software compatibility.
NO WARRANTIES FOR THE SOFTWARE.
THE SOFTWARE IS PROVIDED AS IS AND
WITH ALL FAULTS. NORDIC ID, ITS
LICENSORS AND OTHER SOFTWARE
SUPPLIERS DISCLAIM ANY AND ALL
PROMISES, REPRESENTATIONS,
WARRANTIES WITH RESPECT TO THE
SOFTWARE, INCLUDING ITS CONDITION,
ITS CONFORMITY
REPRESENTATION OR DESCRIPTION,
THE EXISTENCE OF ANY LATENT OR
PATENT DEFECTS, ANY NEGLIGENCE
AND ITS MERCHANTABILITY OR FITNESS
FOR A PARTICULAR USE OR NON-
INFRINGEMENT. THE ENTIRE RISK WITH
RESPECT TO THE SOFTWARE IS WITH
YOU. IF YOU HAVE RECEIVED ANY
WARRANTIES
SOFTWARE, THOSE WARRANTIES DO
NOT ORIGINATE FROM, AND ARE NOT
BINDING ON, NORDIC ID, ITS LICENSORS
the right to OR ITS SOFTWARE SUPPLIERS.
EXCEPT
NEITHER NORDIC ID NOR ANY OF ITS
SOFTWARE SUPPLIERS SHALL HAVE
ANY LIABILITY
INDIRECT,
OR INCIDENTAL
FROM OR IN CONNECTION WITH THE
AND
USE OR
SOFTWARE. THIS LIMITATION SHALL
APPLY EVEN IF ANY REMEDY FAILS OF
ITS ESSENTIAL PURPOSE. IN NO EVENT
SHALL NORDIC ID OR NORDIC ID'S
SOFTWARE SUPPLIERS BE LIABLE FOR
ANY AMOUNT IN EXCESS OF THE INITIAL
("High Risk LICENSE FEE NORDIC ID RECEIVED
FROM YOU FOR THE NORDIC ID DEVICE
IN THE CASE OF NORDIC ID OR U.S. TWO
HUNDRED AND FIFTY DOLLARS (U.S.
$250.00) IN THE CASE OF NORDIC ID'S
LICENSORS OR SOFTWARE SUPPLIERS.
or
TERMINATION
Nordic ID, its licensors and its software
suppliers reserve the right to terminate the
License Terms if You violate any term or
condition of the License Terms. If You assert
any claims against Nordic ID, its licensors or
software suppliers over patents that You
think might apply to Software (including a
cross-claim or counterclaim in a lawsuit)
AND Your license
automatically.
TO ANY In the event of termination, You must stop
using
immediately return to Nordic ID, all Software
and any
Documentation and certify to Nordic ID that
You have done so. The provisions of this
REGARDING
AS PROHIBITED BY
FOR ANY DIRECT,
SPECIAL CONSEQUENTIAL
DAMAGES ARISING
PERFORMANCE OF
to the Software
the Software and You
copies thereof and
paragraph of the License Terms and any
other material provisions of the License
Terms shall survive any termination of the
THE License Terms.
GENERAL PROVISIONS
You agree that You will not export or import
any portion of the Software to any country
LAW, that is not party to either: (i) The Berne
Convention of 1989, (ii) The Universal
Copyright Convention, (iii) The Buenos Aires
Convention, or (iv) a treaty with the United
States of America (U.S.A.) which allows for
the recognition of the property rights claimed
by Nordic ID or its licensors and other
THE software suppliers in the Software. Further
the Devices are subject to United States and
European Union export laws and regulations.
You agree to comply with all domestic and
international export laws and regulations that
apply to the Devices. These laws include
restrictions on destinations, end users and
end use. U.S. Government Restricted Rights.
If the Device or the Software is acquired
under the terms of a U.S. Government
contract, use, duplication, and disclosure are
subject to the terms of this license and the
restrictions contained in the Rights in
Technical Data and Computer Software
clause at 252.227-7013 (DOD contracts);
and subdivisions (a) through (d) of 52.227-19
as applicable.
The License Terms shall be governed by and
construed under the laws of Finland. Any
dispute arising out of the License Terms
shall be finally settled in arbitration by a sole
arbitrator in accordance with the Arbitration
Rules of the Central Chamber of Commerce,
ends in Turku, Finland and in English language.
However Nordic ID shall be entitled to seek
injunctive relief in a competent court. Nordic
ID may assign the License Terms without the
shall consent of You. If any portion hereof is found
to be void or enforceable, the remaining
related portions of this Agreement shall remain in full
force and effect. Except as expressly
provided herein, this Agreement constitutes