General Sleep Zmachine Synergy Patient Manual page 21

INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. GSC'S MAXIMUM LIABILITY ARISING
OUT OF THE SALE OF THE PRODUCTS OR THEIR USE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE
ACTUAL PAYMENTS RECEIVED BY GSC IN CONNECTION THEREWITH. GSC SHALL
NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS,
DAMAGE OR EXPENSE (INCLUDING WITHOUT LIMITATION LOST PROFITS)
DIRECTLY OR INDIRECTLY ARISING FROM THE SALE, INABILITY TO SELL, USE OR
LOSS OF USE OF ANY PRODUCT. EXCEPT AS SET FORTH HEREIN, ALL PRODUCTS
ARE SUPPLIED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED. All notices and other communications required by this Agreement shall be in writing and
shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by
Express Mail or by certified or registered mail, return receipt requested, with postage and charges
prepaid. The Parties agree that every dispute or difference between them arising under this Agreement,
including a failure to reach a decision as described in this Agreement, shall be settled first by a meeting
of the parties attempting to confer and resolve the dispute in a good faith manner. This Agreement
shall be governed in accordance with the laws of the State of Ohio and each party: (a) consents to the
exclusive jurisdiction and venue of the federal and state courts located in Ohio; (b) waives any
objection it might have to jurisdiction or venue of such forums or that the forum is inconvenient; and
(c) agrees not to bring any such action in any other jurisdiction or venue to which either party might be
entitled by domicile or otherwise. No waiver by any party of any breach of the terms and conditions of
this Agreement shall constitute a waiver of any subsequent breach of the same or any other terms or
conditions of this Agreement. This Agreement shall be binding upon and it shall inure to the benefit of
the parties hereto and their respective heirs, agents, representatives, successors and assigns. The
invalidity or unenforceability of any particular provision of this Agreement shall not affect the other
provisions hereof and this Agreement shall be construed in all respects as if such invalid or
unenforceable provision were omitted.
Software License Agreement
The computer software ("Licensed Software") loaded on the Zmachine (the "System") is licensed, not
sold, for your use under the terms of this license. Consolidated Research, Inc., d/b/a/ General Sleep
Corporation ("GSC") reserves any rights not expressly granted to you. While you may possess the
System, GSC retains all ownership rights and title to the Licensed Software. You are hereby granted
the non-exclusive right to use the Licensed Software solely with the specific System on which the
Licensed Software was provided to you. You shall not transfer the Licensed Software in any manner
from the System to any other computer or system without the prior written consent of GSC. You shall
not distribute copies of the Licensed Software or its related documentation to others. You shall not
modify or translate the Licensed Software or its related documentation without the prior written
consent of GSC. The Licensed Software is proprietary; you may not decompile, reverse engineer,
disassemble, or otherwise reduce the Licensed Software to a human-perceivable form. If you transfer
the System, you have the right to transfer the Licensed Software provided that the transferee agrees to
be bound by the terms and conditions of this License Agreement. This License remains effective until
terminated. This License will terminate automatically without notice from GSC, if you fail to comply
with any term or provision of this License. Upon termination of this License, you may not make any
further use of the Licensed Software. THE LICENSED SOFTWARE IS PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY WITH RESPECT TO ITS
MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. GSC DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED SOFTWARE
WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED
SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT SUCH ERRORS IN
THE LICENSED SOFTWARE WILL BE CORRECTED. GSC'S ENTIRE LIABILITY TO
YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS
OF THE FORM OF THE ACTION, AND YOUR EXCLUSIVE REMEDY SHALL BE
LIMITED TO THE MONEY PAID FOR THE SYSTEM, WHICH INCLUDED THE
LICENSED SOFTWARE. IN NO EVENT SHALL GSC BE LIABLE TO YOU (1) FOR ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE
ANY LICENSED SOFTWARE EVEN IF GSC OR ANY AUTHORIZED GSC
Patient Guide 17