Welch Allyn Connex Directions For Use Manual page 95

Directions for use
the Connex Software. Welch Allyn's warranty obligations will be to correct a
reproducible error such that the Connex Software meets its technical specifications,
or to refund the purchase price if the reproducible error cannot be corrected.
3. This warranty shall not apply: 1) if the Connex Software is not used in accordance
with the documentation; 2) if a problem is caused by a malfunction of Customer's
local area network or third party software that is not embedded in the Connex
Software but interfaces with the Connex Software, or 3) if the problem is reported
after expiration of the warranty period.
4. Welch Allyn DISCLAIMS ALL OTHER WARRANTIES EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
1. Customer's sole and exclusive remedies for any damages or loss in any way
connected with the Connex Software or services furnished by Welch Allyn shall be,
at Welch Allyn's option: 1) to bring the performance of the Connex Software into
substantial compliance with the functional specifications; 2) re-performance of
services; or 3) return of an appropriate portion of any payment made by Customer
with respect to the Connex Software or associated services. Welch Allyn will not be
responsible for: a) the correction of any problems resulting as a result of misuse of
the Connex Software by Customer, or b) ensuring the security of Customer's
networked installation of the Connex Software.
2. Neither Welch Allyn nor Customer will be liable to each other or any other person or
entity for an amount of damages in excess of the license, installation, and training
fees for Connex Software paid by Customer. Neither Welch Allyn nor Customer shall
be liable in any amount for special, incidental, consequential, or indirect damages,
loss of good will or business profits, or loss of data. The license fees reflect this
allocation of risk and these limitations of liability.
Assignment
1. Customer may not, without Welch Allyn's prior written consent (which shall not be
withheld unreasonably), assign or otherwise transfer this license, or any of its rights
or obligations under this license, except in connection with a transfer of Customer's
healthcare business operations. Welch Allyn may assign this license to an affiliate
that controls, is controlled by, or under common control with Welch Allyn. This
license shall be binding upon and inure to the benefit of the parties hereto and their
respective successors and permitted assigns.
Software license agreement 89