ABB DHH805-A Operating Instruction page 12

PROGRAM REMAINS ABB'S PROPERTY
All rights not specifically granted under this EULA are reserved
by ABB. All title and intellectual property rights in and to the
SOFTWARE PRODUCT, the accompanying printed materials,
and any copies of the SOFTWARE PRODUCT, including all
rights in patents, copyrights, trademarks, and trade secrets
applicable thereto, shall remain vested in ABB or his licensor.
TERMINATION
Without prejudice to any other rights, ABB or his licensor may
terminate your right to use the SOFTWARE PRODUCT under
this EULA if you fail to comply with the terms and conditions of
this EULA. Upon termination, you shall immediately stop using
the SOFTWARE PRODUCT, remove all copies of the
SOFTWARE PRODUCT and any related information from any
electronic equipment under your control, and return to ABB the
original disc media, the accompanying printed materials, and
any material you have copied thereof within one month.
TERMINATION CERTIFICATE
Within one month after the termination of this Agreement, you
shall furnish to ABB a certificate certifying that through your
best efforts, and to the best of your knowledge, the original and
all copies, in whole or in part, in any form, of SOFTWARE
PRODUCT have been destroyed.
MAINTENANCE
ABB shall not be responsible for maintenance or field service of
SOFTWARE under this EULA.
LIMITED WARRANTY
SOFTWARE is provided on an "AS IS" basis and without
warranty of any kind, either express or implied, including but
not limited to the implied warranties of merchantability, fitness
for a particular purpose, or non infringement. The entire risk
arising out of use or performance of the SOFTWARE PRODUCT
remains with you. ABB does not warrant that the functions
contained in the SOFTWARE will be uninterrupted or error free.
ABB does not represent or warrant that SOFTWARE furnished
hereunder is free of infringement of any third party patents,
copyrights, or trade secrets.
LIMITATION OF LIABILITY
ABB'S TOTAL LIABILITY HEREUNDER FOR DAMAGES OF
ANY NATURE SHALL NOT EXCEED THE TOTAL PAYMENT
MADE BY YOU FOR THE SOFTWARE. ABB SHALL NOT BE
LIABLE FOR ANY SOFTWARE FAILURE RESULTING FROM
ACCIDENT, ABUSE, MISAPPLICATION, OR MODIFICATION
WITHOUT PERMISSION. IN NO EVENT SHALL ABB BE
LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR
ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE
OF, OR INABILITY TO USE, THE SOFTWARE PRODUCT, EVEN
IF ABB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
12 OI/DHH805-EN Rev. D | Handheld communicator Model DHH805-A
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Language Version Selection. You may be provided with a
selection of language version for the SOFTWARE PRODUCT
licensed under this EULA. If the SOFTWARE PRODUCT is
included in more than one language version, you are licensed
to use only one of the language versions provided. As part of
the setup process for the upon selection, the language version
selected by you will be set up on the computer system, and the
language version(s) not selected by you will be automatically
and permanently deleted from the hard disk of the computer
system.
Separation of Components. The SOFTWARE PRODUCT is
licensed as a single product. Its component parts may not be
separated for use on more than one computer.
Confidentiality of Performance and Test Results. You are not
allowed to disclose the performance and test results of the
SOFTWARE PRODUCT to any third party without written
approval of ABB.
Single Computer. The SOFTWARE PRODUCT is licensed with
the HARDWARE as a single integrated product. The
SOFTWARE PRODUCT may only be used with the HARDWARE
as set forth in this EULA.
UPGRADE
If the SOFTWARE PRODUCT is labeled as an upgrade, you
must be properly licensed to use a product identified by ABB
as being eligible for the upgrade in order to use the
SOFTWARE PRODUCT ("Eligible Product"). For the purpose of
upgrade product only, "HARDWARE" shall mean the computer
system or computer system component with which you
received the Eligible Product which came with the HARDWARE.
You may use the resulting upgrade product only in accordance
with the terms of this EULA and only with the HARDWARE.
NOTICE
All notices in connection with this EULA shall be in writing and
shall be given by certified mail, return receipt requested, at the
following address: ABB SpA., Via Statale, 113 LENNO (CO)
ITALY.
GOVERNING LAW AND DISPUTE RESOLUTION
This EULA shall be governed and interpreted by the ITALIAN
laws. All disputes arising in connection with this EULA which
cannot be settled amicably shall be resolved by arbitration
through an ITALIAN court. The arbitration shall be final and
binding upon both Parties. The arbitration fee (and costs) shall
be born by the non-prevailing Party. In the course of arbitration,
both Parties shall continue their respective contractual
obligations except those matters under dispute arbitration.
ENTIRE AGREEMENT
This EULA sets forth the entire understanding between the
parties with respect to the subject matter herein, and merges
and supersedes all prior written herein, and understandings,
express or implied, concerning such matters and,
notwithstanding any provisions to the contrary, shall take
precedence over any conflicting terms which may be contained
in your purchase order acknowledgement form. This EULA
states the entire obligations of ABB in connection with the
SOFTWARE PRODUCT.
4 First steps