L3Harris Narda SignalShark User Manual page 216

SignalShark User Manual
local authorized sales partner will replace the media at no charge if the Licensee notifies the
local authorized sales partner in writing of the manufacturing defect and returns the defective
media within 90 days from the date the local authorized sales partner dispatches it. The risk
of loss of, and title in, the media (data carrier) passes to the Licensee upon its receipt.
5.2 Clause 5.1 does not apply to the Software. In relation to the Software, the Licensee
expressly acknowledge and agrees that the Software is supplied "as is" and that the local
authorized sales partner or Narda Safety Test Solutions GmbH does not in any way warrant
or represent that:
(a) It is error-free, of merchantable quality or any particular quality, fit for any particular
purpose, its operation will be uninterrupted, or it will perform to any particular standard;
(b) Any data, information, or result generated by it or with its use will be accurate or suitable
for any particular purpose; or
(c) Its use, or use of any Materials, will not infringe any third party intellectual property right.
5.3 The Licensee agrees to use the Software, and any data, information, or result generated
by or with the use of the Software, entirely at his own risk, including assuming the entire risk
as to the performance of the Software. The Licensee indemnifies both the local authorized
sales partner and Narda Safety Test Solutions GmbH against any loss, damage, costs and
expenses (including legal costs) that any of them may incur as a result of:
(a) Use of the Software and / or Materials by the Licensee, any Authorized Employee, or any
other person who the Licensee or any Authorized Employee allows (directly or indirectly) to
access the Software and / or Materials (whether or not such access is authorized under this
Software License Agreement), including any infringement of any third party right through
such use;
(b) A breach of this Software License Agreement by the Licensee or any Authorized
Employee; or
(c) Any negligent act or omission by the Licensee, any Authorized Employee, or any of the
Licensee's other employees, contractors or agents.
5.4 The liability of Narda Safety Test Solutions GmbH for indirect consequential damages
and any indemnity, additional costs etc. is limited.
The limitation of liability does not include damages:
– Of life, the body, or health resulting from, at least, a negligent breach of duty.
– Resulting from the product safety / liability law.
– Resulting from, at least, a gross negligent breach of duty by Narda or its explicit agent.
Furthermore, the limitation of liability is not valid for damages resulting from, at least, a gross
negligent breach of the fundamental duties of this Agreement.
6. Export Control
The Software, including technical data /cryptographic software, may be subject to, German,
European Union and U.S. export controls and may be subject to import or export controls in
other countries. The Licensee agrees to strictly comply with all applicable import and export
regulations. He specifically agrees, that he must not disclose or otherwise export or re-export
the Licensed Software or any part thereof delivered under this EULA to any country
(including a national or resident of such country) without a valid export or import license.
Please be aware that the Software may contain US-Content, therefor the Licensee represent
and warrant that he is not a citizen of, or otherwise located within, an embargoed nation
(including without limitation Iran, Syria, Sudan, Cuba, North Korea) and that he is not
otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the
Software are granted on condition that such rights are forfeited if the Licensee fails to comply
with the terms of this Agreement.
216