Omron K6CM Usage Manual page 6

Section 4. No Warranty and Disclaimer
OMRON LICENSES SOFTWARE TO USER "AS IS" BASIS WITH ALL FAULTS, AND WITHOUT
WARRANTY OF ANY KIND. USER ACKNOWLEDGES AND AGREES THAT USER SHALL USE
SOFTWARE SOLELY ON ITS OWN RESPONSIBILITY, AND AT ITS SOLE COST AND RISK.
OMRON DOES NOT MAKE, AND HEREBY DISCLAIM, ANY EXPRESS OR IMPLIED WARRANTIES
INCLUDING, BUT NOT LIMITED TO, TITLE AND NONINFRINGEMENT OF THIRD PARTY'S
RIGHTS, THE WARRANTY OF DESIGN, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. OMRON DOES NOT WARRANT THAT SOFTWARE AND
ITS OUTPUT WILL MEET USER'S REQUIREMENTS THAT ITS OPERATION WILL BE UNINTER-
RUPTED OR ERROR-FREE, THAT ITS DEFECTS WILL BE CORRECTED, OR THAT IT WILL BE
COMPATIBLE WITH ANY OR FUTURE OMRON PRODUCTS. NO ORAL OR WRITTEN INFORMA-
TION OR ADVICE GIVEN BY OMRON, ITS AFFILIATED COMPANIES OR ANY OF THEIR RESPEC-
TIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL CREATE A WARRANTY OR IN
ANY WAY INCREASE THE SCOPE OF OMRON'S OBLIGATIONS UNDER THIS AGREEMENT.
USER HEREBY WAIVE ANY AND ALL CLAIMS THAT USER MAY HAVE AGAINST OMRON, ITS
AFFILIATED COMPANIES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOY-
EES OR AGENTS ARISING OUT OF SOFTWARE AND/OR THIS AGREEMENT.
Section 5. Damage Limitation
SOFTWARE IS PROVIDED AS A CONVENIENCE AND ACCOMMODATION TO USER. TO THE
EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL OMRON, ITS AFFILIATED COMPANIES
OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIA-
BLE TO USER OR ANY THIRD PARTY FOR ANY CAUSE OR CLAIM WHATSOEVER, INCLUDING
PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE
DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROF-
ITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR
LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, ITS OUT-
PUT, SECURITY SOLUTION OR SERVICES, HOWEVER CAUSED, WHETHER UNDER A THEORY
OF CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE, EVEN
IF OMRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITH-
STANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ANY EVENT, THE MAX-
IMUM LIABILITY OF ANY OF THE FOREGOING PARTIES FOR ALL CLAIMS OF EVERY KIND
(INCLUDING THOSE ARISING IN TORT) ARISING OUT OF THE SOFTWARE AND/OR THIS
AGREEMENT SHALL NOT EXCEED FIFTY U.S. DOLLARS (US$50.00).
Section 6. Intellectual Property Ownership Rights
Title and ownership of all Intellectual Property Rights in Software will at all times remain with OMRON
or the third party who has licensed Software to OMRON, as the case may be. The rights granted to
User by OMRON under such Intellectual Property Rights are only for the purposes set forth expressly in
this Agreement. User shall not remove any copyright, patent, trade secret, proprietary and/or other
legal notices contained on or in the Software, including any associated software, programming, or doc-
umentation.
User shall not use any information or data disclosed by OMRON in connection with this Agreement to
contest the validity of any Intellectual Property Rights of OMRON. Any such use of OMRON's informa-
tion and data shall constitute a material, non-curable breach of this Agreement. User shall not use Soft-
ware and any Confidential Information disclosed by OMRON to User in connection with this Agreement
to contest the validity of any Intellectual Property Rights of OMRON, including Software.
Any such use of OMRON's information and data shall constitute a material, non-curable breach of this
Agreement.
Section 7. Modifying the Software
(1) OMRON may extend, enhance, or otherwise modify Software at any time without notice, but
OMRON has no obligation to provide User with any updates or changes.
4
Condition Monitoring Configuration Tool Usage Guide (N240)