Spectra Precision FAST Survey - Manual (Página 4)

sole liability (and your exclusive remedy) for any
breach of this warranty shall be, in Licensor’s sole
discretion, to use commercially reasonable efforts to
provide you with an error-correction or work-around
which corrects the reported non-conformity, or if Li-
censor determines such remedies to be impractica-
ble within a reasonable period of time, to refund the
license fee paid for the Software. A Licensor Suppli-
er other than Licensor may fulfill Licensor’s warranty
obligations hereunder on behalf of Licensor. Licen-
sor Suppliers shall have no obligation with respect to
a warranty claim unless notified of such claim within
the Warranty Period.
Because the Software is inherently complex and may
not be completely free of nonconformities, defects or
errors, you are advised to verify your work. Licensor
does not warrant that the Software will operate error
free or uninterrupted, that it will meet your needs or
expectations, that all nonconformities can or will be
corrected, or the results obtained through use of the
Software.
6.2.Exclusions. The above warranty shall not apply:
(a) if the Software is used with hardware or software
not specified in the Documentation; (b) if any modi-
fications are made to the Software by you or any third
party; (c) to defects in the Software due to accident,
abuse or improper use by you; (d) to Software provid-
ed on a no charge or evaluation basis; (e) to any Third
Party Software; or (f) to any Software obtained as
freeware, whether from Licensor, a Licensor Supplier
or otherwise.
6.3.Disclaimer of Warranties. THIS SECTION 6 IS A
LIMITED WARRANTY AND, EXCEPT AS EXPRESSLY
SET FORTH IN THIS SECTION 6, THE SOFTWARE
AND ALL SERVICES ARE PROVIDED “AS IS.” NEI-
THER LICENSOR NOR ITS SUPPLIERS MAKES
ANY OTHER WARRANTIES, CONDITIONS OR UN-
DERTAKINGS, EXPRESS OR IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT. YOU MAY HAVE OTHER STATUTO-
RY RIGHTS. HOWEVER, TO THE FULL EXTENT
PERMITTED BY LAW, THE DURATION OF STATUTO-
RILY REQUIRED WARRANTIES, IF ANY, SHALL BE
LIMITED TO THE LIMITED WARRANTY PERIOD.
YOU ASSUME THE ENTIRE RISK AS TO RESULTS
AND PERFORMANCE OF THE SOFTWARE.
7.Support & Maintenance
Licensor shall provide the support and maintenance
services, if any, as separately purchased by you and
specified in the applicable Order Form. All support
and maintenance shall be provided pursuant to Li-
censor’s standard service terms which are available
upon request from Licensor. Licensor Suppliers may
provide additional support services under separate
written agreement, but Licensor is not responsible for
any such support unless it is the contracting party.
8.Professional Services.
The Licensor Supplier shall provide the number of
person-days, if any, of professional consulting ser-
vices (“Professional Services”) purchased in the ap-
plicable Order Form and related Statement of Work.
If Licensor is providing Professional Services, unless
agreed in a separate written agreement all Profes-
sional Services shall be provided pursuant to Licen-
sor’s standard service terms which are available upon
request from Licensor. If your Order Form is with a Li-
censor Supplier other than Licensor, that party (and
not Licensor) is solely responsible for providing Pro-
fessional Services and Licensor has no liability relat-
ed to such services.
9.Limitation of Remedies and Damages.
9.1.NEITHER LICENSOR NOR LICENSOR’S SUP-
PLIERS SHALL BE LIABLE FOR ANY LOSS OF USE,
LOST DATA, FAILURE OF SECURITY MECHA-
NISMS, INTERRUPTION OF BUSINESS, OR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSE-
QUENTIAL DAMAGES OF ANY KIND (INCLUDING
LOST PROFITS), REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT, TORT (INCLUD-
ING NEGLIGENCE), STRICT LIABILITY OR OTHER-
WISE, EVEN IF INFORMED OF THE POSSIBILITY
OF SUCH DAMAGES IN ADVANCE.
9.2.NOTWITHSTANDING ANY OTHER PROVISION
OF THIS AGREEMENT, LICENSOR AND ITS SUP-
PLIERS’ ENTIRE LIABILITY TO YOU UNDER THIS
AGREEMENT SHALL NOT EXCEED THE AMOUNT
ACTUALLY PAID BY YOU TO LICENSOR UNDER
THIS AGREEMENT.
9.3.THE SOFTWARE IS NOT FAULT TOLERANT
AND IS NOT DESIGNED, MANUFACTURED OR IN-
TENDED FOR USE IN LIFE SUPPORT, MEDICAL,
EMERGENCY, MISSION CRITICAL OR OTHER
STRICT LIABILITY OR HAZARDOUS ACTIVITIES
(“HIGH RISK ACTIVITIES”). LICENSOR SPECIFI-
CALLY DISCLAIMS ANY EXPRESS OR IMPLIED
WARRANTY OF FITNESS FOR HIGH RISK ACTIVI-
TIES. YOU REPRESENT AND WARRANT THAT YOU
WILL NOT USE THE SOFTWARE (OR PERMIT IT TO
BE USED) FOR HIGH RISK ACTIVITIES, AND
AGREE THAT LICENSOR WILL HAVE NO LIABILITY
FOR USE OF THE SOFTWARE IN HIGH RISK ACTIV-
ITIES. YOU AGREE TO INDEMNIFY AND HOLD
HARMLESS LICENSOR FOR ANY DAMAGES, LIA-
BILITIES OR OTHER LOSSES RESULTING FROM
SUCH USE.
9.4.The parties agree that the limitations specified
in this Section 9 will survive and apply even if any
limited remedy specified in this Agreement is found
to have failed of its essential purpose.
10.Confidential Information.
Any software, documentation or technical informa-
tion provided by Licensor (or its agents) shall be
deemed “Licensor Confidential Information” without
any marking or further designation. Except as ex-
pressly authorized herein, you will hold in confidence
and not use or disclose any Licensor Confidential In-
formation. You acknowledge that disclosure of Licen-
sor Confidential Information would cause substantial
harm to Licensor that could not be remedied by the
payment of damages alone and therefore that upon
any such disclosure by you, Licensor shall be entitled
to appropriate equitable relief in addition to whatever
remedies it might have at law.
11.Export Compliance
You acknowledge that the Software may be subject to
export restrictions by the United States government
and import restrictions by certain foreign govern-
ments. You shall not, and shall not allow any third
party to, remove or export from the United States or
allow the export or re-export of any part of the Soft-
ware or any direct product thereof: (a) into (or to a na-
tional or resident of) any embargoed or terrorist-
supporting country; (b) to anyone on the U.S. Com-
merce Department’s Table of Denial Orders or U.S.
Treasury Department’s list of Specially Designated
Nationals; (c) to any country to which such export or
re-export is restricted or prohibited, or as to which
the United States government or any agency thereof