Leica THERMOBRITE ELITE User Manual page 35

make any representations regarding the performance, use or results of the use of the software or its correctness,
accuracy, reliability, currentness, or otherwise. You assume the entire risk associated with your use of the software. This
disclaimer of warranty is an essential part of this agreement. Some jurisdictions do not allow the exclusion of implied
warranties or conditions, so the foregoing disclaimer may not apply to you. In the event the disclaimer of implied
warranties is not enforceable under applicable law, any implied warranties shall be limited to ninety (90) days following
delivery of the Leica Biosystems product.
Limitation of liability: Notwithstanding anything else in this agreement, to the maximum extent permitted by law, Leica
Biosystems shall not be liable with respect to any subject matter of this agreement under any contract, negligence, strict
liability or other legal or equitable theory for:
Loss of or interruption to business;
l
Loss of profits or goodwill;
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Loss of use;
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Loss or damage to or corruption of data;
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Damage to any other software, hardware or other equipment
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Unauthorized access to or alteration of data;
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Unauthorized disclosure of sensitive, confidential or proprietary information;
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Any costs of procuring substitute goods, services, technology or rights;
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Any indirect, special, consequential, exemplary or incidental damages; or
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Any amount in excess of two hundred fifty dollars (US$250.00).
l
The limitations in this section 6 shall not limit Leica Biosystems's liability for death or bodily injury solely resulting from
Leica Biosystems's negligence, willful misconduct or fraudulent misrepresentation.
U.S. government users: The software is a "commercial item" consisting of "commercial computer software" and/or
"commercial computer software documentation" as such terms are defined in far section 2.101, DFAR section 252.227-
7014(a)(1) and DFAR section 252.227-7014(a)(5). Consistent with far section 12.212 and DFAR section 227.7202-1
through 227.7202-4, any use of the software by or on behalf of an agency or other instrumentality of the U.S. government
shall be governed solely by the terms of this agreement and shall be prohibited except to the extent expressly permitted
by the terms of this agreement. You will ensure that each copy of the software used by or for the U.S. government is
labeled to reflect the foregoing.
Export: You shall comply with all export and re-export restrictions and regulations of the U.S. commerce department and
other U.S. agencies and authorities. Without limiting the foregoing, you agree not to transfer (or authorize anyone to
transfer) the software (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country
to which the United States has embargoed goods or (ii) to anyone on the U.S. treasury department's list of specially
designated nationals or the U.S. commerce department's denied persons list.
Miscellaneous: You may not assign this agreement or any of your rights hereunder without Leica Biosystems's prior
written consent and any attempt to do so without such consent shall be null and void. No failure to exercise any right
hereunder will operate as a waiver thereof. If any provision of this agreement shall be adjudged by any court of competent
jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary
so that this agreement shall otherwise remain in full force and effect and enforceable. This agreement shall be construed
in accordance with the laws of the state of Illinois and the United States without regard to conflicts of laws provisions
thereof and without regard to the United Nations convention on contracts for the international sale of goods. The sole and
exclusive jurisdiction and venue for any actions related to the subject matter hereof shall be the state and U.S. federal
courts located in the county of Cook, Illinois. You irrevocably submit to the jurisdiction of such courts and consent to
venue in such forum with respect to any action or proceeding that relates to this agreement. The prevailing party in any
action to enforce this agreement shall be entitled to recover its reasonable costs and expenses including reasonable
attorneys' fees. No amendment to or modification of this agreement will be binding unless in writing and signed by a duly
authorized officer of Leica Biosystems.
ThermoBrite Elite User Manual
3855-7500-501 B02
3. Installation
35