CAE Healthcare Vimedix Cardiac User Manual page 7

End User License Agreement
6.1. Licensee acknowledges that the Software and Data constitute a special, irreplaceable asset of great
value to CAE Healthcare, and that a breach, in any way, of any of Licensee's obligations under Sections 2
(License), and 5 (Non-Disclosure) hereof would cause serious and irreparable harm to CAE Healthcare
which may not be adequately compensated for in damages. If the Licensee breaches any of such
provisions, Licensee consents to an injunction being issued against it restraining it from any further
breach of such provision, without derogation from any other remedy which CAE Healthcare may have
in the event of such a breach.
7. Warranty
7.1. THE SOLE WARRANTIES PROVIDED BY CAE HEALTHCARE ARE LIMITED TO THE WARRANTIES
PROVIDED IN THE HEPGTC. ANY WARRANTIES PROVIDED ARE PERSONAL AND NOT TRANSFERABLE.
8. Limitation of Liability
8.1. CAE HEALTHCARE'S LIABILITY SHALL IN NO CIRCUMSTANCES EXCEED THE LIMITATION OF LIABILITY
INDICATED IN THE HEPGTC.
8.2. IN NO EVENT WILL CAE HEALTHCARE BE LIABLE FOR ANY LOSS OF USE, LOSS OF PROFIT,
INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE,
EVEN IF CAE HEALTHCARE HAS BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT WILL CAE HEALTHCARE'S LIABILITY TO LICENSEE FOR ANY CLAIM,
WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE PURCHASE PRICE OF
THE PRODUCT PAID BY LICENSEE.
9. Third-Party Software
9.1. The Software may come bundled or otherwise be distributed with open source or other third party
software, which is subject to the terms and conditions of the specific license under which it is
distributed. OPEN SOURCE SOFTWARE IS PROVIDED BY CAE HEALTHCARE "AS IS" WITHOUT ANY
WARRANTY, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS EULA, AS IT RELATES TO ANY AND ALL
CLAIMS ARISING OUT OF OR IN CONNECTION WITH OPEN SOURCE SOFTWARE, DELL SHALL HAVE NO
LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES,
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF OPEN
SOURCE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Administrative Provisions
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