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Form 702
Rev. 9/94
DATA GENERAL CORPORATION
TECHNICAL INFORMATION AND PUBLICATIONS SERVICE
TERMS AND CONDITIONS
Data General Corporation ("DGC") provides its Technical Information and Publications Service (TIPS) solely in accordance with the following
terms and conditions and more specifically to the Customer signing the Educational Services TIPS Order Form. These terms and conditions
apply to all orders, telephone, telex, or mail. By accepting these products the Customer accepts and agrees to be bound by these terms and
conditions.
1. CUSTOMER CERTIFICATION
Customer hereby certifies that it is the owner or lessee of the DGC equipment and/or licensee/sub–licensee of the software which is the
subject matter of the publication(s) ordered hereunder.
2. TAXES
Customer shall be responsible for all taxes, including taxes paid or payable by DGC for products or services supplied under this Agreement,
exclusive of taxes based on DGC's net income, unless Customer provides written proof of exemption.
3. DATA AND PROPRIETARY RIGHTS
Portions of the publications and materials supplied under this Agreement are proprietary and will be so marked. Customer shall abide by such
markings. DGC retains for itself exclusively all proprietary rights (including manufacturing rights) in and to all designs, engineering details and
other data pertaining to the products described in such publication. Licensed software materials are provided pursuant to the terms and
conditions of the Program License Agreement (PLA) between the Customer and DGC and such PLA is made a part of and incorporated into
this Agreement by reference. A copyright notice on any data by itself does not constitute or evidence a publication or public disclosure.
4. LIMITED MEDIA WARRANTY
DGC warrants the CLI Macros media, provided by DGC to the Customer under this Agreement, against physical defects for a period of ninety
(90) days from the date of shipment by DGC. DGC will replace defective media at no charge to you, provided it is returned postage prepaid to
DGC within the ninety (90) day warranty period. This shall be your exclusive remedy and DGC's sole obligation and liability for defective media.
This limited media warranty does not apply if the media has been damaged by accident, abuse or misuse.
5. DISCLAIMER OF WARRANTY
EXCEPT FOR THE LIMITED MEDIA WARRANTY NOTED ABOVE, DGC MAKES NO WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE ON ANY OF
THE PUBLICATIONS, CLI MACROS OR MATERIALS SUPPLIED HEREUNDER.
6. LIMITATION OF LIABILITY
A. CUSTOMER AGREES THAT DGC'S LIABILITY, IF ANY, FOR DAMAGES, INCLUDING BUT NOT LIMITED TO LIABILITY ARISING
OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR WARRANTY SHALL NOT EXCEED THE CHARGES PAID BY
CUSTOMER FOR THE PARTICULAR PUBLICATION OR CLI MACRO INVOLVED. THIS LIMITATION OF LIABILITY SHALL NOT APPLY
TO CLAIMS FOR PERSONAL INJURY CAUSED SOLELY BY DGC'S NEGLIGENCE. OTHER THAN THE CHARGES REFERENCED
HEREIN, IN NO EVENT SHALL DGC BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND DAMAGES RESULTING FROM LOSS OF USE, OR LOST
DATA, OR DELIVERY DELAYS, EVEN IF DGC HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY
THEREOF; OR FOR ANY CLAIM BY ANY THIRD PARTY.
B. ANY ACTION AGAINST DGC MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
7. GENERAL
A valid contract binding upon DGC will come into being only at the time of DGC's acceptance of the referenced Educational Services Order
Form. Such contract is governed by the laws of the Commonwealth of Massachusetts, excluding its conflict of law rules. Such contract is not
assignable. These terms and conditions constitute the entire agreement between the parties with respect to the subject matter hereof and
supersedes all prior oral or written communications, agreements and understandings. These terms and conditions shall prevail notwithstanding
any different, conflicting or additional terms and conditions which may appear on any order submitted by Customer. DGC hereby rejects all
such different, conflicting, or additional terms.
8. IMPORTANT NOTICE REGARDING AOS/VS INTERNALS SERIES (ORDER #1865 & #1875)
Customer understands that information and material presented in the AOS/VS Internals Series documents may be specific to a particular
revision of the product. Consequently user programs or systems based on this information and material may be revision–locked and may not
function properly with prior or future revisions of the product. Therefore, Data General makes no representations as to the utility of this
information and material beyond the current revision level which is the subject of the manual. Any use thereof by you or your company is at
your own risk. Data General disclaims any liability arising from any such use and I and my company (Customer) hold Data General completely
harmless therefrom.
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