Covidien Valleylab LS10 Service Manual page 6

otherwise, to Products; (v) failure to implement all new Updates to Software provided
under the Agreement; (vi) Products or equipment with their original manufacturer's serial
numbers altered, defaced or deleted; (vii) Products or equipment that have been altered,
serviced or modified by a party other than COVIDIEN; or (viii) Software that has been
subjected to abnormal physical or electrical stress, misuse, negligence or accident by
Customer or a third party.
DISCLAIMER: EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE
PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA,
OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES
HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF
THIS SOFTWARE 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
State of Colorado without reference to its choice of law principles. The parties hereby
submit to the jurisdiction of the courts of the State of Colorado.
vi Valleylab LS10, LS Series Single Channel Vessel Sealing Generator Service Manual