ROBOTIQ 3-Finger Adaptive Robot Gripper Instruction Manual page 30

MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE Software IN TERMS OF ITS
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
LICENSOR AND LICENSOR'S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE
SCOPE OF THIS WARRANTY. SHOULD THE Software PROVE DEFECTIVE IN YOUR TECHNOLOGY ENVIRONMENT, YOU ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR OWN TECHNOLOGY ENVIRONMENT.
10. Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR AND LICENSOR'S AUTHORIZED REPRESENTATIVES
SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED
WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE
Software. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF
USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, DOWN TIME AND USER'S TIME, EVEN IF THE LICENSOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, LICENSOR ENTIRE LIABILITY UNDER ANY PROVISION OF THIS
AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID IN RESPECT OF THE LICENSOR'S PRODUCTS PURCHASED BY
THE END-USER PURSUANT TO A PURCHASE AGREEMENT.
11. Training, Maintenance and Support There is no entitlement to training, maintenance and support under this license unless otherwise specified in
the Purchase Agreement or any other written agreement between the End-User and the Licensor. The End-User may provide the Licensor with
details regarding any bug, defect or failure in the Software promptly and with no delay from such event; the End-User shall comply with the
Licensor's request for information regarding bugs, defects or failures and furnish him with information, screenshots and try to reproduce such
bugs, defects or failures upon Licensor's demand.
12. Expiration and Termination. The Licensor may terminate this Agreement for default by the End-User. This Agreement will also be automatically
terminated upon the election of such by the Licensor or the official launch of the Software, whichever event comes first. Upon termination of this
Agreement for any reason, the End-User shall promptly uninstall the Software on any UR's Products and Licensor's Products, computer, or
server on which it has been installed, deliver to the Licensor all CDs, DVDs, magnetic tapes, cards, and other tangible items and materials
embodying the Software, and return to the Licensor all copies thereof or destroy such copies and warrant in writing that all copies thereof have
been destroyed. In the event of termination of this Agreement, all obligations of the parties under this Agreement due for performance on the date
of termination shall survive the termination, and the party terminating shall not be liable to the other party for any damages arising out of the
termination.
13. Miscellaneous.
1. This Agreement constitutes the entire understanding and agreement between the Licensor and the End-User and replaces any prior
agreement relating to the same subject matter.
2. This Agreement shall be governed and construed in accordance with the laws of the province of Quebec and the federal laws of Canada
applicable therein. Any legal action or proceeding between the Licensor and the End-User for any purpose concerning this Agreement or
the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the judicial district of Trois-
Rivières, Quebec.
3. The Licensor's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of
any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this
Agreement.
4. The Licensor may assign its rights and duties under this Agreement to any party at any time without notice to the End-User. The End-User
may not assign this Agreement without the prior written consent of the Licensor.
5. If any part of this Agreement is null, illegal or non-enforceable, this Agreement shall be interpreted as if this part was never part of this
Agreement.
6. The provisions of this Agreement are for the benefit of the Licensor and its officers, directors, employees, agents, licensors and suppliers.
Each of these individuals or entities shall have the right to assert and enforce those provisions directly against the End-User on its own
behalf. This Agreement is also for the benefit of, and binds, the End-User and its heirs, successors, legal representatives and permitted
assigns.
7. Any rights not expressly granted herein are reserved.
8. The parties confirm that they have agreed that this Agreement and all related documents be drafted in English only. Les parties aux
présentes confirment qu'elles ont accepté que la présente convention et tous les documents y afférents soient rédigés en anglais
seulement.
©Robotiq inc. 2008-2018
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