I/O TC5000 User Manual page 143

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Microsoft Software License
Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who
intends to transmit or transport the products back to such country; (ii) to any person or entity who you
know or have reason to know will utilize the SOFTWARE or portion thereof in the design, development
or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been
prohibited from participating in U.S. export transactions by any federal agency of the U.S. government.
If SOFTWARE is labeled "North America Only Version" above, on the Product Identification Card, or on
the SOFTWARE packaging or other written materials, then the following applies: The SOFTWARE is
intended for distribution only in the United States, its territories and possessions (including Puerto Rico,
Guam, and U.S. Virgin Islands) and Canada. Export of the SOFTWARE from the United States is
regulated under "EI controls" of the Export Administration Regulations (EAR, 15 CFR 730-744) of the
U.S. Commerce Department, Bureau of Export Administration (BXA). A license is required to export the
SOFTWARE outside the United States or Canada. You agree that you will not directly or indirectly,
export or re-export the SOFTWARE (or portions thereof) to any country, other than Canada, or to any
person or entity subject to U.S. export restrictions without first obtaining a Commerce Department export
license. You warrant and represent that neither the BXA nor any other U.S. federal agency has
suspended, revoked or denied your export privileges.
7. NOTE ON JAVA SUPPORT. The SYSTEM Software may contain support for programs written in
Java. Java technology is not fault tolerant and is not designed, manufactured, or intended for use or
resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as
in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control,
direct life support machines, or weapons systems, in which the failure of Java technology could lead
directly to death, personal injury, or severe physical or environmental damage.
8. LIMITED WARRANTY.
• Limited Warranty. Manufacturer warrants that the SOFTWARE will perform substantially in
accordance with the accompanying written materials for a period of ninety (90) days from the date of
receipt. Any implied warranties on the SOFTWARE are limited to ninety (90) days. Some
states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation
may not apply to you.
• Customer Remedies. Manufacturer's and its suppliers' entire liability and your exclusive remedy
shall be, at Manufacturer's option, either (a) return of the price paid, or (b) repair or replacement of the
SOFTWARE that does not meet the above Limited Warranty and which is returned to Manufacturer with
a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from
accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of
the original warranty period or thirty (30) days, whichever is longer.
• No Other Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY
SECTION ABOVE, THE SOFTWARE IS PROVIDED TO THE END USER "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK OF THE QUALITY AND PERFORMANCE OF THE
SOFTWARE IS WITH YOU.
• No Liability for Consequential Damages. MANUFACTURER OR MANUFACTURER'S
SUPPLIERS, INCLUDING MS AND ITS SUPPLIERS, SHALL NOT BE HELD TO ANY LIABILITY FOR
ANY DAMAGES SUFFERED OR INCURRED BY THE END USER (INCLUDING, BUT NOT LIMITED
TO, GENERAL, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION AND THE LIKE), ARISING FROM OR IN CONNECTION WITH THE DELIVERY, USE
OR PERFORMANCE OF THE SOFTWARE.
If you acquired this EULA in the United States, this EULA is governed by the laws of the State of
Washington.If you acquired this EULA in Canada, this EULA is governed by the laws of the Province of
Ontario, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the
Province of Ontario and further agrees to commence any litigation which may arise hereunder in the
courts located in the Judicial District of York, Province of Ontario.
If this EULA was acquired outside the United States, then local law may apply.Should you have any
questions concerning this EULA, please contact the Manufacturer of your SYSTEM.
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