Zeiss Humphrey Field Analyzer 3 Instructions For Use Manual page 146

D-4
Legal Notices
HARDWARE ARE PROVIDED "AS IS" WITH NO WARRANTY. YOU AGREE THAT YOUR USE OF THE
SOFTWARE AND HARDWARE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER
APPLICABLE LAW, ZEISS AND THE THIRD PARTY LICENSORS EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE AND
HARDWARE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, SATISFACTORY QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY
WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR
USAGE OF TRADE. ZEISS does not warrant that the Software or hardware will operate in
combination with any software, hardware, systems or data not provided by ZEISS or with any
operating system for which it was not designed, except as expressly specified in the Documentation,
and ZEISS and the Third Party Licensors do not warrant that the operation of the Software or
hardware will be uninterrupted or error-free.
5. L L
IMITATION OF IABILITY
In no event will ZEISS, or any of the Third Party Licensors, be liable for any direct, indirect,
incidental, special, consequential or punitive damages, or damages for loss of profits, revenue,
business, savings, data or data use, use or cost of substitute procurement, incurred by You or any
third party, whether in an action in contract or tort, even if ZEISS has been advised of the possibility
of such damages or if such damages are foreseeable. Without limiting the foregoing, if for any
reason the foregoing limitation is not fully enforced, in no event will ZEISS' liability for damages
hereunder exceed the amounts actually paid by You to ZEISS for HFA3. The parties acknowledge
that the limitation of liability in this Section 5 and in the other provisions of this Agreement and the
allocation of risk herein are an essential element of the bargain between the parties, without which
ZEISS would not have entered into this Agreement. ZEISS' pricing reflects this allocation of risk and
the limitation of liability specified herein.
6. T
ERMINATION
This Agreement is effective until terminated. ZEISS may terminate this Agreement at any time upon
Your breach of any of the provisions hereof. Upon termination of this Agreement, You will cease all
use of the Software, return to ZEISS or destroy the Software and all Documentation and related
materials in Your possession, and so certify to ZEISS. Except for the license granted herein and as
expressly provided herein, the terms of this Agreement will survive termination.
7. G T
ENERAL ERMS
7.1 Governing Law. This Agreement will be interpreted under the substantive laws
of the State of New York. The 1980 United Nations Convention on Contracts for the International
Sale of Goods ("CISG") and any reference thereto and the Uniform Computer Information
Transactions Act (UCITA) are explicitly excluded.
7.2 Waiver of Jury Trial. EACH PARTY HEREBY WAIVES ITS RIGHT TO A TRIAL BY
JURY FOR DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING WITHOUT
LIMITATION COUNTERCLAIMS REGARDING SUCH DISPUTES, CLAIMS RELATED TO THE PARTIES'
NEGOTIATIONS AND INDUCEMENTS TO ENTER INTO THIS AGREEMENT, AND OTHER CHALLENGES
TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT. THE WAIVER IN THE PRECEDING
SENTENCE APPLIES REGARDLESS OF THE TYPE OF DISPUTE, WHETHER PROCEEDING UNDER
CLAIMS OF CONTRACT OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER
THEORY.
HFA3 Instructions for Use
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2660021166131 Rev. A 2018-11