ACR Electronics PowerWatch Dokumentacja Pobierz pdf (Strona 6)

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 2002, ACR Systems Inc.

Page 6

Software if the problem or damage is due to: (a) a modification of the Software made or required by any person other than ACR or its

agents; (b) its use in association with other software or hardware (other than software or hardware with which the Documentation

specifically indicates it is compatible); (c) its use in a manner or for an activity not contemplated by its Documentation; (d) electrical

supply, wiring or network problems; (e) the improper installation of the Software; (f) abnormal environmental conditions; (g) a failure to

install any bug fix supplied by ACR; or (h) the wilful or negligent acts of any person other than ACR or its agents. If ACR is unable to

resolve any problem contemplated by this warranty provision, ACR, or the Reseller, as the case may be, shall refund to you the monies you

paid to it to acquire the Software and the Software media. If there is a defect in the media on which the Software was supplied you may

contact ACR during the warranty period, obtain a Return Merchandise Authorization ("RMA") and upon receipt of the defective media, the

dated proof of purchase and the RMA, ACR shall replace the defective media at no charge. This paragraph sets out your sole remedy for

the breach of the warranty set out herein.

7. No Additional Warranties: To the maximum extent permitted by applicable law the warranty set out in paragraph 6 is the only warranty,

made with respect to the Software, and no other warranty, representation or condition either express or implied, including without

limitation, any implied warranty or condition of merchantability, non-infringement, performance, durability or fitness for a particular

purpose or use shall apply. ACR does not warrant that the Software will operate on a continuous and trouble free basis. You are

responsible for selecting the software that will achieve your desired results, and for the installation, use and results obtained from the

Software.

8. Limitation on Liability: To the maximum extent permitted by applicable law, in no event shall the aggregate liability of ACR, its

suppliers and Reseller to you exceed the amount you have paid to acquire the Software and Software media, and in no event shall ACR, its

suppliers, or Reseller be liable for any indirect, incidental, consequential, or special damages, including without limitation any damages for

lost profits or savings, regardless of whether they have been advised of the possibility of such damage. Except to the extent that the laws

of a competent jurisdiction requires liabilities beyond and despite these limitations, exclusions and disclaimers, these limitations,

exclusions and disclaimers shall apply whether an action, claim or demand arises from a breach of warranty or condition, breach of

contract, negligence, strict liability or any other kind of civil or statutory liability connected with or arising from this Agreement.

9. Termination for Breach of Agreement: The Software is protected by copyright laws and International treaty provisions. There are severe

penalties, both civil and criminal, for copyright infringement. Any breach of this Agreement could cause ACR irreparable harm. If you

fail to comply with any of the terms of this Agreement, all licenses granted hereunder shall automatically terminate without notice, and

ACR may exercise any or all of its rights under this Agreement or under applicable law, including without limitation, obtaining relief by

way of a temporary or permanent injunction. Upon termination of this Agreement, and in any event upon ACR delivering you notice of

termination for breach, you shall immediately purge all Software from your computer system(s), and return all copies of the Software and

Documentation in your possession or control to ACR.

10. Personal Information: You hereby consent to your contact information and information about the specific ACR products you

have purchased being disclosed to, maintained and used by ACR, its affiliates and Resellers solely for the purposes of (a) managing and

developing their businesses and operations; (b) making information about ACR products available to you; and (c) developing new and

enhancing existing ACR products. You further agree that we may provide this information to other persons as required to satisfy any legal

requirements and to any person that purchases all or a substantial portion of ACR's assets provided that they agree to use this information

only for purposes for which you have provided your consent. If you wish to gain access to any personally identifiable information you

have provided to ACR or to make any changes to that information please contact ACR directly.

11. Miscellaneous: Paragraphs 4, 5, 7, 8, 9, and 11 shall survive termination or expiration of the license(s) granted hereunder. When used in

this Agreement, the term "license" shall be deemed to include "sublicense" for items of third party software embedded in the Software.

This Agreement constitutes the entire agreement of the parties with respect to the Software, and supercedes all prior communications,

agreements and discussions between the parties. It will be governed by the laws of the Province of British Columbia, and the laws of

Canada applicable therein, excluding any rules of private international law that lead to the application of the laws of any other jurisdiction.

The United Nations Convention on Contracts for the International Sale of Goods (1980) does not apply. The courts of the Province of

British Columbia shall have non-exclusive jurisdiction to hear any matter arising in connection with this Agreement. If any provision of

this Agreement is void or is declared void, the provision shall be severed from this Agreement, which shall otherwise remain in full force

and effect.

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