Tripp Lite B092-016 Owner's Manual page 250

License Agreement
GOVERNING LAW AND ATTORNEY'S FEES. This EULA is governed by the laws of the State of Utah, USA, excluding its conflict
of law rules. You agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded
in its entirety and does not apply to this EULA. If you acquired this Software in a country outside of the United States, that
country's laws may apply. In any action or suit to enforce any right or remedy under this EULA or to interpret any provision of
this EULA, the prevailing party will be entitled to recover its costs, including reasonable attorneys' fees.
ENTIRE AGREEMENT. This EULA constitutes the entire agreement between you and Tripp Lite with respect to the Software, and
supersedes all other agreements or representations, whether written or oral. The terms of this EULA can only be modified by
express written consent of both parties. If any part of this EULA is held to be unenforceable as written, it will be enforced to
the maximum extent allowed by applicable law, and will not affect the enforceability of any other part.
Should you have any questions concerning this EULA, or if you desire to contact Tripp Lite for any reason, please contact the
Tripp Lite representative serving your company.
THE FOLLOWING DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY IS INCORPORATED INTO THIS EULA BY
REFERENCE. THE SOFTWARE IS NOT FAULT TOLERANT. YOU HAVE INDEPENDENTLY DETERMINED HOW TO USE THE
SOFTWARE IN THE DEVICE, AND TRIPPLITE HAS RELIED UPON YOU TO CONDUCT SUFFICIENT TESTING TO DETERMINE THAT
THE SOFTWARE IS SUITABLE FOR SUCH USE.
LIMITED WARRANTY Tripp Lite warrants the media containing the Software for a period of ninety (90) days from the date
of original purchase from Tripp Lite or its authorized retailer. Proof of date of purchase will be required. Any updates to the
Software provided by Tripp Lite (which may be provided by Tripp Lite at its sole discretion) shall be governed by the terms of
this EULA. In the event the product fails to perform as warranted, Tripp Lite's sole obligation shall be, at Tripp Lite's discretion,
to refund the purchase price paid by you for the Software on the defective media, or to replace the Software on new media.
Tripp Lite makes no warranty or representation that its Software will meet your requirements, will work in combination with
any hardware or application software products provided by third parties, that the operation of the software products will be
uninterrupted or error free, or that all defects in the Software will be corrected.
TRIPP LITE DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OTHER THAN
AS STATED HEREIN, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH
YOU. ALSO, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINST
INFRINGEMENT. IF YOU HAVE RECEIVED ANY WARRANTIES REGARDING THE DEVICE OR THE SOFTWARE, THOSE WARRANTIES
DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON, TRIPP LITE.
NO LIABILITY FOR CERTAIN DAMAGES. EXCEPT AS PROHIBITED BY LAW, TRIPP LITE SHALL HAVE NO LIABILITY FOR
COSTS, LOSS, DAMAGES OR LOST OPPORTUNITY OF ANY TYPE WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOST OR
ANTICIPATED PROFITS, LOSS OF USE, LOSS OF DATA, OR ANY INCIDENTAL, EXEMPLARY SPECIAL OR CONSEQUENTIAL
DAMAGES, WHETHER UNDER CONTRACT, TORT, WARRANTY OR OTHERWISE ARISING FROM OR IN CONNECTION WITH THIS
EULA OR THE USE OR PERFORMANCE OF THE SOFTWARE. IN NO EVENT SHALL TRIPPLITE BE LIABLE FOR ANY AMOUNT IN
EXCESS OF THE LICENSE FEE PAID TO TRIPPLITE UNDER THIS EULA. SOME STATES AND COUNTRIES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT
APPLY TO YOU.
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