Cardinal Health Kendall SCD 700 Manual page 92

LICENSE EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT SHALL ONE PARTY'S LIABILITY TO THE OTHER PARTY, WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE PRICE PAID OR TO HAVE BEEN PAID BY
CUSTOMER. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED
WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW LIMITATION OR
EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
U.S. Government Rights. The Software is a "commercial item" developed exclusively at private expense,
consisting of "commercial computer software" and "commercial computer software documentation" as such
terms are defined or used in the applicable U.S. acquisition regulations. The Software is licensed hereunder
(i) only as a commercial item and (ii) with only those rights as are granted to all other customers pursuant to
the terms and conditions of this License. Customer shall not use, duplicate, or disclose the Software in any
way not specifically permitted by this License. Nothing in this License requires COVIDIEN to produce or
furnish technical data for or to Customer.
If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or
unenforceable, the remaining provisions shall remain in full force and effect.
This License Agreement contains the entire understanding and agreement between the parties respecting
the Software. This Agreement may not be supplemented, modified, amended, released or discharged
except by an instrument in writing signed by each party's duly authorized representative. All captions and
headings in this Agreement are for purposes of convenience only and shall not affect the construction or
interpretation of any of its provisions. Any waiver by either party of any default or breach hereunder shall not
constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or
a different kind.
The construction and performance of this Agreement will be governed by the laws of the Commonwealth of
Massachusetts without reference to its choice of law principles. The parties hereby submit to the jurisdiction
of the courts of the Commonwealth of Massachusetts.
COVIDIEN, COVIDIEN with logo and Covidien logo are U.S. and internationally registered trademarks of Covidien AG.
Other brands are trademarks of a Covidien company. © 2013 Covidien 13MAN0089D 12/13
42