ADIC Scalar 100 User Manual page 21

EXPRESS OR IMPLIED, FOR THE SOFTWARE, INCLUDING THE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
4. Term and Termination. This License commences on the Effective Date and
will continue in perpetuity unless Licensee fails to comply with any conditions
of this License. If Licensee breaches, ADIC may, after allowing Licensee a
reasonable time to cure its default, terminate this License upon written notice
to the Licensee. Within 30 days after termination of this License, Licensee will
certify, in writing, to ADIC, that Licensee has discontinued the use of all Soft-
ware and returned to ADIC the original and all copies of the Software and
Documentation in any form maintained by Licensee.
5. DISCLAIMER AND LIMITATION OF LIABILITY. THE LICENSEE HAS THE
SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACK-
UP OF ITS DATA USED IN CONNECTION WITH THE SOFTWARE. IN NO
EVENT WILL ADIC BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM THE LOSS OF USE, DATA OR PROFITS, RERUN
TIME, INACCURATE INPUT OR WORK DELAYS, OR ANY PERSONAL OR
PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS
LICENSE OR THE USE, PERFORMANCE OR NON-PERFORMANCE OF
THE SOFTWARE, WHETHER IN ACTION, IN CONTRACT, OR TORT
INCLUDING NEGLIGENCE, EVEN IF ADIC KNEW, SHOULD HAVE KNOWN
OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ADIC's LIABILITY FOR DAMAGES HEREUNDER WILL IN NO EVENT
EXCEED THE AMOUNT OF FEES PAID BY LICENSEE UNDER THIS
LICENSE.
6. General.
a.) No Assignment or Modification. This License is not assignable. None of
the Software or Documentation may be sublicensed, assigned, or
transferred to any other party without ADIC's prior written consent. Any
effort contradictory with this is null and void. This License can only be
modified by a written agreement executed by the parties.
b.) Governing Law and Venue. The laws of the state of Washington will
govern this license. All litigation between the parties, including all
applications for injunctive relief, must be conducted before a court of
competent jurisdiction in King County, Washington, USA and both parties
consent to personal jurisdiction of such court. If any of the provisions of this
License are held to be invalid under any applicable statute or law, they are,
to that extent, deemed omitted.
c.) Entirety. Licensee acknowledges that it has read this Software License,
understands it, and agrees to be bound by its terms and conditions. Further,
ADIC Limited Product Warranty
5