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Leica Geosystems Software Licence Agreement
used and operated under conditions other than those specified in the Product
description.
5 Limitation of Liability
To the extent permitted under applicable law, Licensor shall not be liable for
any direct, indirect or consequential loss or damage, including, without limita-
tion, loss of income, loss of business profits or loss of contracts, unrealized
cost reductions, loss of data, business interruption, or increased costs on the
part of Licensee or any other financial losses, that result from or in connection
with the purchase, license, use, breakdown or interruption of operation of the
Software. The foregoing limitation of liability shall also apply in the event that
Licensor has been notified of the possibility of such losses being incurred.
Licensor shall only be liable for loss or damage caused by Licensor's gross neg-
ligence or wilful misconduct. This limitation of liability shall apply to all claims
for loss and damage irrespective of their legal grounds, including, without limi-
tation, claims based on tort, contract, pre- contract or quasi-contract. This limi-
tation of liability shall also apply to any officers, directors or employees of
Licensor, or any representatives or agents of Licensor that are involved in the
development, marketing or supply of the Software.
It shall be the exclusive duty of Licensee to ensure that it and its staff pos-
sesses the required knowledge to properly install and use the Software. Licen-
sor shall not be liable for problems and defects that arise from insufficient
knowledge on the part of the users of the Software.
6 Exclusion of other Assurances
Licensee hereby agrees that no verbal or written assurances, declarations,
statements, recommendations or advertising messages have been made by
Licensor, its employees, sales partners, agents, dealers or downstream distrib-
utors that could give rise to an amendment or extension of the foregoing war-
ranties and limitation of liability. Licensee is hereby given notice that none of
the forenamed persons is authorized by Licensor to make any such amend-
ments or to provide any such assurances.
7 Duration and Termination
This License Agreement shall come into force on the agreement of Licensee to
the provisions hereof and shall remain in force for the term indicated in the
Purchase Order.
In addition to any other right of termination provided in this License Agree-
ment, each party shall be entitled to terminate this License Agreement at any
time with immediate effect:
a)
in the event of a material violation of a contractual duty by the other party,
including, without limitation, default in payment of the license fee, if the
party in breach does not remedy such violation within forty-five (45) days
after being served with a notice in writing;
b)
is unable to pay its debts, or becomes insolvent, or is subject to an order
or a resolution for its liquidation, administration, winding-up or dissolution
(otherwise than for the purposes of a solvent amalgamation or reconstruc-
tion), or has an administrative or other receiver, manager, trustee, liquida-
tor, administrator or similar officer appointed over all or any substantial
part of its assets, or enters into or proposes any composition or arrange-
ment with its creditors generally, or is subject to any analogous event or
proceeding in any applicable jurisdiction.
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